Article 19-1. Functioning of the wholesale electric energy market with a single buyer of electric energy The Law on Electric Power Industry

Home / RLA / Article 19-1. Functioning of the wholesale electric energy market with a single buyer of electric energy The Law on Electric Power Industry

1. The single buyer of electric energy is determined by the authorized body.

2. The single buyer of electric energy begins to function simultaneously with the entry into force of this article, taking into account the effect of Article 25 of this Law.

3. A single buyer of electric energy performs the following functions:

1) buys electric energy from energy producing organizations and (or) from the administrator of the hybrid group for an hour and (or) a day, and (or) a month, and (or) a quarter, and (or) a year (years) in advance in accordance with the procedure established by the authorized body:

for sale to energy supply and transmission organizations, consumers included in the list of subjects of the wholesale electric energy market, as well as conditional consumers;

for sale to digital miners;

for sale to consumers of the hybrid group;

2) sells electric energy to energy transmission and energy supply organizations, consumers of electric energy who are subjects of the wholesale electric energy market, conditional consumers, consumers of the hybrid group, as well as at centralized auctions of electric energy above the maximum tariffs for electric energy to persons engaged in digital mining activities, in accordance with the procedure established by the authorized body;

2-1) sells on a short-term (one year) or long-term (more than one year) basis to the consumer of green energy electric energy generated by facilities for the use of renewable energy sources at green tariffs in accordance with the procedure determined by the authorized body;

2-2) sells electric energy at the investment rate to the recipients of the investment rate;

3) buys negative imbalances from renewable energy sources under liability transfer agreements;

4) sells balancing electricity to renewable sources under a liability transfer agreement;

5) concludes with renewable sources that have a long-term purchase and sale agreement for electric energy concluded with a single buyer of electric energy, a liability transfer agreement and acts as their balance provider in the balancing electric energy market in accordance with this Law;

6) concludes relevant contracts for the purchase and sale of electric energy;

7) concludes a contract for participation in the centralized trade of electric energy;

8) carries out (if necessary) the purchase of electric energy from suppliers (producers) of electric energy from other countries (imports) and (or) an authorized organization determined by an intergovernmental agreement, in accordance with the procedure determined by the authorized body, and at the prices of these suppliers (manufacturers);

9) carries out (if necessary) the sale of electric energy to consumers of other countries (export) and (or) an authorized organization determined by an intergovernmental agreement, in accordance with the procedure determined by the authorized body;

10) provides targeted support to consumers of the wholesale market by differentiating tariffs in accordance with the procedure determined by the authorized body, with the aim of making possible phased tariff changes;

11) concludes a contract for the purchase and sale of balancing electric energy and negative imbalances with the settlement center of the balancing market;

12) determines the forecast prices for the sale of electric energy in accordance with the procedure determined by the authorized body;

13) concludes (if necessary) contracts for the transmission of electric energy with energy transmission organizations and pays for electric energy transmission services in cases and in accordance with the procedure determined by the authorized body;

14) concludes a contract with the system operator for the provision of technical dispatching services for the supply of imported electric energy to the grid (if necessary).

4. The purchase of electric energy to cover the daily schedule of electric energy consumption is carried out by a single buyer of electric energy, taking into account the technical expertise of the system operator in the following order (priority):

1) renewable sources that have a long-term purchase and sale agreement for electric energy concluded after July 1, 2023 with a single buyer of electric energy, in accordance with the legislation of the Republic of Kazakhstan on supporting the use of renewable energy sources in full for their planned supply of electric energy to the grid at the prices of these agreements.

For renewable sources that have a long-term purchase and sale agreement for electric energy concluded before July 1, 2023 with the settlement and financial center, in accordance with the legislation of the Republic of Kazakhstan on supporting the use of renewable energy sources in full, their actual supply of electric energy to the grid at the prices of these agreements based on the results of the estimated calendar month.;

2) at thermal power plants in accordance with the rules of organization and functioning of the wholesale electric energy market approved by the authorized body;

3) energy-producing organizations that have concluded long-term contracts on the electric capacity market for the purchase of services to maintain the availability of electric capacity in accordance with Articles 15-4 and 15-8 of this Law, in the amount of planned supply of electric energy to the network of generating plants, the capacity of which is the subject of these contracts, at the appropriate marginal tariffs for electric energy multiplied by the corresponding hourly rates determined in accordance with the procedure determined by the authorized body during the validity of these agreements;

4) the remaining planned volumes of electric energy supplied to the grid, necessary to cover the daily schedule of electric energy consumption, are purchased by a single buyer at centralized auctions of electric energy.

In the event that the planned amounts of electric energy specified in this paragraph are insufficient to cover the daily schedule of electric energy consumption, a single buyer shall carry out planned import of electric energy.

The purchase of electric energy specified in this paragraph is carried out in accordance with the procedure determined by the authorized body.

5. During the operation of a single electric energy buyer:

1) all energy producing organizations are obliged to sell electric energy only to a single buyer of electric energy and consumers who are part of the same group of persons with them, or to the administrator of a hybrid group who is part of the same hybrid group with them, and to conclude appropriate contracts for the purchase and sale of electric energy with them.

At the same time:

energy-producing organizations that provide services for automatic power regulation to a system operator are exempt from selling electric energy to a single buyer of electric energy by the amount of the agreed volume (range of regulation).;

an energy-producing organization using renewable energy sources, with at least twenty-five percent of the voting shares (stakes in the authorized capital) of which are directly or indirectly owned by the National Welfare Fund, has the right to sell electric energy to energy-producing organizations whose voting shares (stakes in the authorized capital) are directly or indirectly owned by the National Welfare Fund, in accordance with contracts for the purchase and sale of electric energy concluded in accordance with paragraph 16 of Article 13 of this Law;

2) all renewable sources that have a long-term purchase and sale agreement for electric energy concluded with a single buyer of electric energy, according to the legislation of the Republic of Kazakhstan on support for the use of renewable energy sources, are required to sell electric energy only to a single buyer of electric energy.;

3) subjects of the wholesale electric energy market are obliged to purchase electric energy only from a single buyer of electric energy and (or) from energy-producing organizations that are part of the same group of persons in the Register with them, and (or) from the administrator of a hybrid group that is part of a hybrid group with them, and (or) from renewable sources and to conclude relevant contracts for the purchase and sale of electric energy with them;

At the same time, consumers of green energy have the right to purchase on a short-term (one year) or long-term (more than a year) basis from a single buyer of electric energy electric energy generated by facilities for the use of renewable energy sources at green tariffs in accordance with the procedure determined by the authorized body.;

4) subjects of the wholesale electric energy market engaged in digital mining activities are required to purchase electric energy from outside the Republic of Kazakhstan or from a single buyer of electric energy in accordance with the procedure determined by the authorized body.;

5. During the operation of a single buyer of electric energy:

At the same time:

5) it is prohibited to sell electric energy from a single buyer to subjects of the retail electric energy market;

6) energy supply organizations, energy transmission organizations, consumers and digital miners who are subjects of the wholesale electric energy market are obliged to conclude a contract with the system operator for the provision of services for the use of the national electric grid, except for the cases provided for in paragraph 7-1 of Article 13 of this Law. A single buyer of electric energy is prohibited from selling (selling) electric energy to energy suppliers, energy transmission organizations, consumers and digital miners who are subjects of the wholesale electric energy market that do not have contracts for the provision of services for the use of the national electric grid or services for the transmission of electric energy through the national electric grid, in the case provided for in subparagraph 3) paragraph 7-1 of Article 13 of this Law;

7) conditional consumers and administrators of hybrid groups, recipients of the investment tariff are obliged to purchase electric energy from a single buyer of electric energy at prices and in volumes calculated by a single buyer of electric energy, in accordance with the procedure determined by the authorized body, taking into account the share of their planned consumption of electric energy in the total planned consumption of the republic, volumes of electric energy, the volumes of electric energy produced by the renewable sources included in their composition, which they purchase from renewable sources, which are subjects of the wholesale electric energy market, and the costs of a single buyer of electric energy for the purchase of electric energy from renewable sources, as well as to conclude appropriate contracts for the purchase and sale of electric energy with a single buyer of electric energy;

8) between renewable sources that have a long-term purchase and sale agreement for electric energy concluded with a single buyer of electric energy, according to the legislation of the Republic of Kazakhstan on support for the use of renewable energy sources, mutual adjustment is allowed to increase (up) or decrease (down) the daily schedule of production and consumption of electric energy approved by the system operator, no later than two hours before the corresponding hour of actual production and consumption of electric energy, provided that the balance of production and consumption of electric energy is maintained in the specified daily schedule of production and consumption of electric energy in accordance with the procedure determined by the authorized body.;

9) the purchase and sale of electric energy by a single buyer of electric energy specified in this paragraph, as well as the corresponding mutual settlements, shall be carried out in accordance with the procedure determined by the authorized body.;

10) the prices of purchase and sale of electric energy by a single buyer of electric energy are determined in accordance with the procedure determined by the authorized body;

11) the costs and incomes of a single buyer of electric energy in a balancing electric energy market are taken into account when determining the sale price of electric energy to subjects of the wholesale electric energy market;

12) the volume of purchased (sold) electric energy in the wholesale electric energy market under all contracts for the purchase and sale of electric energy concluded by subjects of the wholesale electric energy market is the planned volume of purchase and sale of electric energy included in the daily schedule of production and consumption of electric energy, approved by the system operator;

13) subjects of the wholesale electricity market are obliged to pay to a single buyer of electric energy for the electric energy they have purchased in accordance with the procedure and terms determined by the authorized body.;

14) a single buyer of electric energy is obliged to pay energy-producing organizations and renewable sources for the electric energy purchased from them in accordance with the procedure and terms determined by the authorized body.;

15) payment for electric energy purchased by subjects of the wholesale electric energy market (except for energy supply organizations) from a single buyer of electric energy is made by transferring funds before the start of the business day in accordance with the daily schedule of production and consumption of electric energy in the unified electric power system of the Republic of Kazakhstan in accordance with the procedure established by the authorized body;

16) energy supply organizations pay for electric energy purchased from a single buyer of electric energy, in fact, according to the procedure determined by the authorized body;

17) the amount of funds to be transferred is calculated in accordance with the daily schedule of production and consumption of electric energy in accordance with the procedure established by the authorized body.

IZPI's note! Subparagraph 18) of paragraph 5 of Article 19-1 is valid until 31.12.2036 in accordance with paragraph 18 of Article 25 of this Law of the Republic of Kazakhstan.

18) wholesale consumers of electric energy (industrial facilities), in order to receive an investment tariff, submit an application to the Government of the Republic of Kazakhstan with supporting materials attached in accordance with the procedure determined by the Government of the Republic of Kazakhstan. Based on the results of consideration of the application, if the Government of the Republic of Kazakhstan decides to provide an investment tariff, wholesale consumers of electric energy (industrial facilities) are included in the list of recipients of the investment tariff. When forming the list of recipients of the investment tariff and setting the investment tariff, the Government of the Republic of Kazakhstan takes into account the rate of return of these consumers in order to determine the deadline for the provision of the investment tariff, which does not exceed the deadlines for fulfilling investment obligations for investment projects, the implementation of which began before July 1, 2023 and collectively does not exceed ten years from the date of commissioning of the production facility;

19) the investment tariff is defined as the ratio of the amount of the cost of purchasing electric energy at the marginal tariff of the energy-producing organization to which the relevant consumer is connected, the share of the cost of a single buyer of electric energy for the purchase of imported electric energy and support for renewable energy sources, taking into account the share of the purchase of electric energy from a single buyer of the relevant consumer in the total volume of electric energy sales by a single buyer of electric energy. by the buyer of electric energy to the volume of consumption of the recipient of the investment tariff;

20) recipients of the investment tariff are required on an annual basis to submit to the Government of the Republic of Kazakhstan an audit report and an analysis of financial and economic activities in accordance with the legislation of the Republic of Kazakhstan on auditing activities in accordance with the procedure determined by the Government of the Republic of Kazakhstan to establish the fact of the targeted use of the investment tariff with the provision of information on profits received as a result of activities during the period of validity of the investment tariff the tariff before the payment of dividends, in the order, determined by the Government of the Republic of Kazakhstan.

Failure to submit an audit report and an analysis of financial and economic activities, as well as the fact that the misuse of the investment tariff has been identified, is the basis for canceling the provision of the investment tariff and excluding the recipient of the investment tariff from the list of recipients of the investment tariff.

In case of obtaining a profit sufficient to cover the costs of the recipient of the investment tariff, including investment obligations, as a result of the investment tariff, the recipients of the investment tariff provide a refund from the excess income generated, calculated in accordance with the procedure determined by the Government of the Republic of Kazakhstan, in the amount of the difference from the price of a single buyer of electric energy and the investment tariff in favor of a single buyer of electric energy energy. In this case, the recipients of the investment tariff are excluded from the list of consumers of the investment tariff in accordance with the procedure determined by the Government of the Republic of Kazakhstan.

The funds received by the single buyer of electric energy are used to reduce the tariff for electric energy for consumers.

6. In case of non-payment by a subject of the wholesale electric energy market for electric energy purchased from a single buyer of electric energy before the start of the business day in accordance with the daily schedule of production and consumption of electric energy, the application of the subject of the wholesale electric energy market to the daily schedule of production and consumption of electric energy for the following days is not allowed (excluded).

7. Payment of the amount of money for purchased electric energy from energy-producing organizations is made after approval of the daily schedule of production and consumption of electric energy by the system operator in accordance with the procedure established by the authorized body.

8. The costs associated with opening, maintaining and servicing an account are borne by the entity of the wholesale electric energy market.

9. For legal relations related to the purchase by a single buyer of electric energy of electric energy from energy-producing organizations, including those using renewable energy sources, energy waste management and secondary energy resources, balancing electricity and negative imbalances, electric energy transmission services, including through the national electric grid, technical dispatching, production-consumption balancing organization electric energy, services of the operator of the centralized trading market, The legislation of the Republic of Kazakhstan on public procurement does not apply.

This article does not apply to subjects of the wholesale electricity market in case of their participation in the common electric power market of the Eurasian Economic Union.

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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