Recently, a new set of legislations on energy law is being introduced in Turkey. Simultaneously, the current legislations are undergoing several amendments. These legislative developments evidently indicate that both, the new and the amended legislations have one common aim; to encourage the local and international investors and accordingly to overcome the dependency on imported energy.
To achieve this aim, The Contest Regulation Regarding License Applications made for the Establishment of Solar Energy Production Facilities (the “Contest Regulation”) has been published on the Official Gazette dated May 29, 2012 and numbered 28307.
The purpose of the Contest Regulation is to bring a solution in the event that there is more than one license applicant for the same area and/or the same transformer station intending to establish a solar energy plant. The solution is to hold a contest the procedures and principles of which are set forth under the Contest Regulation.
In line with Article 4 of the Contest Regulation, the applications made in order to obtain license for establishment of solar energy plants are notified by the Energy Market Regulatory Authority (the “EPDK”) to the Turkish Electricity Transmission Company (the “TEIAS”). Afterwards, these applications are announced as projects and the lists of these projects are published on the website of TEIAS. Other relevant announcements with regard to the contest are to be made also on the same website. In addition to that, the competitors are served with invitation letters so that they may submit their offers on the determined day and hour.
The contest is to be held by a committee which is formed by the TEIAS and consists of the TEIAS personnel, namely one director and at least four principle members. It is important that all of the documents submitted to the committee are complete and appropriate, otherwise the offer with incomplete or inappropriate documents shall be deemed as invalid. The results of the contest as well as the considerations of the TEIAS are notified to the EPDK. Moreover, powers and authorizations of granting licenses to competitors belong only to the EPDK.
Although the sector representatives think that it is very early to comment on the Contest Regulation, they are agree that it was a long awaited regulation and it is better to have such a regulation than never to have it.
Ozge Atilgan Karakulak
Tugce Avcisert
