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AMENDMENTS MADE IN THE REGULATION ON THE ACCEPTANCE OF POWER GENERATING PLANTS

The Regulation Amending the Regulation on the Acceptance of Power Generating Plants issued by the Ministry of Energy and Natural Resources (“Regulation”) has been published in the Official Gazette dated April 14, 2017. Those important information concerning certain significant articles of the Regulation are stated hereinbelow.

• The Ministry of Energy and Natural Resources (“Ministry”) shall be authorized to perform the acceptance procedures of the power generating plants which are in the scope of this Regulation. The Ministry may either use this authority directly or may assign, authorize or procure services from expert public authorities and institutions or the legal entities with a distribution license within the scope of the Electricity Market Law No. 6446 or the private law legal entities (legal entities established under private law) for the performance of the examination, evaluation, reporting, project approval and acceptance procedures in relation to the necessary obligations for the installation and operation of power generating plants in compliance with the interests of the nation and the modern technology.

• Upon completion of the construction of the plant, the Ministry may authorize expert public authorities and institutions or legal entities established under private law as a Consulting (Control) Firm (“CF”) in order to supervise the site tests, check the compliance of the plant with the approved project and, for these purposes, have the necessary tests and practices performed and report the results thereof and prepare a Safe Operation Report. However, the type, size and qualifications of those power generating plants, who are obliged to have a CF present at the site by signing a contract with a CF before the provisional acceptance, shall be declared on the website. The acceptance procedures of those power generating plants which are not obliged to have a CF present at the plant shall be performed in compliance with the principles and procedures prepared by the relevant Project Approval Units, provided that the positive opinion of the Ministry is obtained and the provisions of this Regulation other than those provisions regarding the CFs are abided by.

• Pursuant to Article 9 of the Regulation, the license holder/plant owner should sign a contract with the CF, covering the period starting from the pre-synchronization test and control operations following the completion of the generating plant until the completion of the provisional acceptance, and notify the signing of the contract to the Ministry. Reports regarding the test and control operations supervised at the site are prepared by the CF. These reports are signed by the authorized representative of the AF, the expert personnel of the manufacturer/supplier who have attended the electromechanical equipment tests and the persons authorized to represent the legal entity who is the license holder/plant owner. A copy of these reports is to be kept at the plant by the license holder/plant owner.

Amendments made in the Regulation in relation with the preliminary acceptance are as follows;

• For the preliminary acceptance, the preliminary acceptance certificate, a copy of which is given in the Annex 3(a), should be sent to the relevant system operator, market operator, the Energy Market Regulatory Authority, the Governor’s Office and Project Approval Units as attached to the petition given in the Annex 1(a). The time schedule regarding the tests and controls to be performed while the unit/units are synchronized with the network are prepared by the CF and the license holder/plant owner and submitted to the system operator together with the preliminary acceptance certificate. The necessary information in writing regarding the life, property, environment and network safety during the performance of these tests is provided in writing by the CF and the license holder/plant owner to the civil administration and the relevant system operator.

• The preliminary acceptance certificate is valid for 6 months. For those unit/units for which the provisional acceptance could not be realized within 6 months as from the preliminary acceptance date; the relevant authority will not make any payment for the energy generated by those units from the expiry of the mentioned 6 months’ period till the date of provisional acceptance. In such case, the license holder/plant owner cannot make any claim for the damages it may incur.

• The preliminary acceptance is only applicable for those plants which are obliged to have a CF present before the provisional acceptance as per the provisions of this Regulation.

• Article 10(a) has been added to the Regulation and, as per this Article, the issues and tariffs regarding those payments to be made for the electricity generated for the purposes of testing and control under the supervision of the CF for a maximum period of 6 months starting from the preliminary acceptance date to the date when the provisional acceptance is granted and the plant is put into operation are regulated by the relevant authorities/institutions”

You can access the full text of the Regulation by clicking on the following link.

http://www.resmigazete.gov.tr/main.aspx?home=http://www.resmigazete.gov.tr/eskiler/2017/04/20170414.htm&main=http://www.resmigazete.gov.tr/eskiler/2017/04/20170414.htm





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