ARTICLE
4 August 2016

Amendments To The Unlıcensed Electrıcıty Generatıon Regulatıon

PB
Pekin Bayar Mizrahi

Contributor

Pekin Bayar Mizrahi is a leading top-tier law firm located in Istanbul, Türkiye.

The firm was founded by Mr. Fethi Pekin, who was a former judge, in 1946. Ms. Sefika Pekin and Ms. Selin Bayar subsequently joined the firm. In time, the firm has broadened its areas of expertise and the sectors it advises; thereby becoming a “full-service” firm with a global reach. In 2021, its dispute resolution partner, Mr. Ergin Mizrahi, became a name partner and the firm changed its corporate name as Pekin Bayar Mizrahi.

With its local and international experience of 75 years, Pekin Bayar Mizrahi is now one of the largest law firms in Türkiye in both size and volume, employing around 60 fee earners. The firm also has liaison offices and affiliate counsels in numerous cities in Türkiye. The firm has international practice and its clients include States, large financial institutions, and transnational corporations from various sectors.

The Unlicensed Electricity Generation Regulation was amended by the Regulation on Amending the Unlicensed Electricity Generation Regulation, which was published in the Official Gazette on 23 March 2016
Turkey Energy and Natural Resources

The Unlicensed Electricity Generation Regulation was amended by the Regulation on Amending the Unlicensed Electricity Generation Regulation, which was published in the Official Gazette on 23 March 2016 ("Amendment Regulation"). The Amendment Regulation has introduced a variety of significant changes, ranging from the allocation of capacity to restrictions on share transfers. To list a few of the modifications, with the Amendment Regulation, when wind and solar plants (which may generate electricity without a license) are concerned, a maximum of 1 MW capacity may be allocated to real and legal entities from the same group of companies at each transformer center, irrespective of the number of consumption facilities, which brings a significant restriction. The Amendment Regulation also provides limitations on the air and project distance between an unlicensed electricity generation plant and the transformer, based on the installed capacity of the said plant. The two preceding limitations on MW capacity and distance will not pertain to applications, which have been announced on the web page of the network operator (and which have the right to obtain a call letter) as of 23 March 2016. It is also important to note that with the changes in the Amendment Regulation, shares of wind and solar generation companies (which may generate electricity without a license) may not be transferred until the relevant generation plant's temporary acceptance. Otherwise, the relevant call letter would be cancelled. Accordingly, the Regulation on Amending the Unlicensed Electricity Generation Regulation now restricts the transfer of shares of the relevant companies before the temporary acceptance.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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