The Electricity Generation Facilities Approval Regulation ("Regulation") was published in Official Gazette number 29524 on 6 November, entering into force on the same date. It was prepared within the context of studies to ensure electricity generation facilities are built and run in accordance with modern technology. It outlines the legal entities authorized for testing, controlling, and approval processes, as well as principles and procedures for grating approvals and ensuring facilities are harmoniously connected to transmission and distribution networks.

The regulation applies to all electricity generation facilities subject to the Electric Facilities Project Regulation (Official Gazette number 29221, 30 December 2014), except for facilities connected to interconnected electric networks with a voltage level less than 1 Kv. The Energy and Natural Resources Ministry will carry out provisions of the Regulation. If uncertainty occurs regarding whether an electricity generation facility is subject to the Regulation, the Energy and Natural Resources Ministry will decide.

Significant matters covered by the Regulation include:

  • Authorization of the Controlling Institution.
  • Facility building process.
  • Applying voltage to facilities.
  • Controlling and commissioning processes.
  • Evaluation of pre-approvals and temporary approvals.
  • Facility operations.
  • Qualification and education of the personnel working in facilities.
  • Facility repair and maintenance.
  • Technical and administrative liability.

The Regulation states the Energy and Natural Resources Ministry will determine the organization, institution or legal entity which will be authorized for approval processes related to ensuring electricity generation facilities built and run in accordance with the modern technology. Legal entities which wish to be authorized as the controller company must apply to the Ministry (except for state institutions and organizations which are expert in the field). The Ministry will evaluate all applications to ensure they are in accordance with the Regulation, then authorize suitable candidates by inviting them to sign a protocol.

License or facility owners should complete all processes required for the approval of the facility within three years following the temporary approval date. This includes agreements with state organizations or institutions, permission and approval processes, as well as gathering and submitting other documents.

Please see this link for full text of the new Regulation (only available in Turkish).

Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven

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