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Article 9. Support in the sale of electric and (or) thermal energy produced by facilities for the use of renewable energy sources and secondary energy resources, facilities for energy waste disposal The Law on Support for the Use of Renewable Energy Sources
1. An energy producing organization using renewable energy sources has the right, at its discretion, to sell the produced electric energy according to one of the following options, unless otherwise provided for in paragraph 1-1 of this article:
1) to a single buyer of electric energy at a fixed tariff effective on the date of conclusion of the purchase and sale agreement between it and the settlement and financial center, or at an auction price determined based on the results of the auction, taking into account the indexation provided for in paragraph 2 of Article 8-1 of this Law;
2) consumers at negotiated prices according to concluded bilateral agreements and energy supply organizations at marginal tariffs in accordance with the requirements of the legislation of the Republic of Kazakhstan on the electric power industry.
1-1. An energy-producing organization using renewable energy sources, with 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 Welfare Fund, has the right to sell (realize) the electric energy produced.:
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 the Law of the Republic of Kazakhstan "On Electric Power Industry",
and (or) the system operator in accordance with paragraph 2-2 of Article 10 of the Law of the Republic of Kazakhstan "On Electric Power Industry".
2. The costs of supporting the use of renewable energy sources are distributed by a single buyer of electric energy in accordance with the procedure established by the authorized body between direct consumers, industrial complexes, conditional consumers and subjects of the wholesale electric energy market included in the list of subjects of the wholesale electric energy market formed by the system operator who has concluded an agreement for the purchase and sale of electric energy with a single buyer of electric energy (hereinafter referred to as total costs).
The costs of supporting the use of renewable energy sources attributable to direct consumers and industrial complexes are defined as the corresponding share of their planned electricity consumption in the total planned consumption of the republic (hereinafter referred to as the costs of direct consumers and industrial complexes).
The costs of supporting the use of renewable energy sources attributable to subjects of the wholesale electric energy market included in the list of subjects of the wholesale electric energy market formed by the system operator, defined as the difference between total costs and costs of direct consumers and industrial complexes, are distributed among them in proportion to the share of their planned purchase of electric energy from a single buyer of electric energy.
At the same time, the costs of supporting the use of renewable energy sources are not distributed by a single buyer of electric energy to a qualified consumer, with the exception of the cases provided for in paragraphs 2-1 and 2-2 of this article.
2-1. A single buyer of electric energy, in accordance with the procedure approved by the authorized body, recalculates and redistributes the appropriate share of costs for supporting the use of renewable energy sources to a qualified consumer in the event that the ratio of the annual volume of electric energy generation (or the volume for a shorter period when generating electric energy for less than one calendar year) facilities for the use of renewable energy sources and secondary energy resources put into operation by a qualified consumer, the amount of electrical energy consumed by it will be less than one of the two following indicators:
1) the actual share of the volume of electric energy generated by facilities for the use of renewable energy sources and secondary energy resources in the total volume of electric energy production in the accounting year in the Republic of Kazakhstan;
2) the target indicator stipulated by the documents of the State Planning System of the Republic of Kazakhstan, which applies to the accounting year.
IZPI's note! Paragraph 2-2 is provided for in the wording of the Law of the Republic of Kazakhstan dated 07/08/2024 No. 121-VIII (effective from 07/01/2025).
2-2. If a qualified conditional consumer puts into operation an object for the use of secondary energy resources, its share of electric energy is calculated in accordance with paragraph 2-1 of this article, but may not be lower than the minimum value equal to that actually acquired by a qualified conditional consumer and conditional consumers who are part of a qualified conditional consumer., the volume of electric energy at the Settlement and Financial Center in 2020 for the duration of the purchase and sale agreements of the settlement and financial center with energy-producing organizations using renewable energy sources for renewable energy facilities that sold electric energy to the Settlement and Financial Center in 2020.
In this case, the minimum amount of electric energy to be purchased from the settlement and financial center, specified in part one of this paragraph, is proportionally reduced by the corresponding amount of electric energy as the purchase and sale agreements of the settlement and financial center with energy-producing organizations using renewable energy sources specified in part one of this paragraph are terminated, in accordance with the procedure, approved by the authorized body.
2-3. A qualified consumer independently distributes the costs incurred by him for supporting the use of renewable energy sources between direct consumers and industrial complexes that are part of it, once a year in accordance with the procedure established by the authorized body.
3. Excluded by the Law of the Republic of Kazakhstan dated 07/08/2024 No. 121-VIII (effective sixty calendar days after the date of its first official publication). 4. Excluded by the Law of the Republic of Kazakhstan dated 07/08/2024 No. 121-VIII (effective sixty calendar days after the date of its first official publication). 4-1. excluded by the Law of the Republic of Kazakhstan dated 07/08/2024 No. 121-VIII (effective sixty calendar days after the date of its first official publication). 4-2. excluded by the Law of the Republic of Kazakhstan dated 07/08/2024 No. 121-VIII (effective sixty calendar days after the date of its first official publication).
4-3. Business entities shall notify the authorized body, the single buyer of electric energy and the system operator of the planned commissioning of a facility for the use of renewable energy sources and (or) secondary energy resources, indicating the type of renewable energy sources and (or) secondary energy resources, the amount of capacity and its location no later than three hundred sixty-five calendar days in advance. days.
If the deadlines for the planned commissioning of a facility for the use of renewable energy sources and (or) secondary energy resources specified in the notification of business entities are exceeded, the authorized body shall adjust the deadlines based on the application of this entity.
5. Contracts for the purchase and sale of thermal energy produced by energy-producing organizations using renewable energy sources are concluded for a period of at least the payback period for the construction of a facility for the use of renewable energy sources, as defined in the feasibility study of the project for the construction of a facility for the use of renewable energy sources.
6. Excluded by the Law of the Republic of Kazakhstan dated 07/08/2024 No. 121-VIII (effective sixty calendar days after the date of its first official publication).
7. Energy transmission organizations are required to provide free access to grid transmission to energy-producing organizations using renewable energy sources and secondary energy resources, as well as to net consumers in accordance with the legislation of the Republic of Kazakhstan.
Energy-producing organizations using renewable energy sources that sell the produced electrical energy in accordance with subparagraph 1) the first part of paragraph 1 of this Article, as well as net consumers, are exempt from paying for the services of energy transmission organizations for the transmission of electric energy.
IZPI's note! Article 9 is provided to be supplemented by paragraph 7-1 in accordance with the Law of the Republic of Kazakhstan dated 07/08/2024 No. 121-VIII (effective from 07/01/2025).
8. A single buyer of electric energy and energy-producing organizations using renewable energy sources, energy-producing organizations using secondary energy resources, and energy-producing organizations using energy waste disposal included in the list of subjects of the wholesale electric energy market formed by the system operator participate in the balancing electric energy market in accordance with the Law of the Republic of Kazakhstan "On Electric Power Industry".
9. Excluded by the Law of the Republic of Kazakhstan dated 06/19/2024 No. 96-VIII (effective ten calendar days after the date of its first official publication). 10. Excluded by the Law of the Republic of Kazakhstan dated 06/19/2024 No. 96-VIII (effective ten calendar days after the date of its first official publication). 11. Excluded by the Law of the Republic of Kazakhstan dated 06/19/2024 No. 96-VIII (effective ten calendar days after the date of its first official publication).
The Law of the Republic of Kazakhstan dated July 4, 2009 No. 165-IV.
This Law defines the goals, forms and directions of support for the use of renewable energy sources, as well as regulates the mechanism for supporting energy waste disposal and the use of secondary energy resources.
President
Republic of Kazakhstan
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