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ENERGY LAW
153
Various regulationandcommuniqués havebeenpublishedbesidesmany
fundamental laws in relation to Energy Law. Natural gas and electricity are
accepted as commodities in these regulations. An independent regulatory
institution, EMRA was created to regulate tariffs and activities, such as the
transmission, distribution, and storage for transporting these commodities
to consumers.
The most important fundamental laws are stated as herein below:
1- Code Number 3096.
The Code in relation to the Authorization of
the Enterprises other than Turkish Electricity Administration to Conduct
Electricity Generation, Transmission, Distribution, and Trade numbered
3096 (hereinafter referred to as the “Code Number 3096”) was enacted
in order to open the energy sector to private enterprise in 1984. This
code regulates the Build-Operate-Transfer (hereinafter referred to as the
“BOT”) model, which provides services such as electricity generation,
transmission, and distribution based on the concession agreement signed
by and between the private corporations and the Ministry of Energy and
Natural Resources (hereinafter referred to as the “Ministry”). In the frame
of this BOT model, the facility and the field of electricity generation remain
the province of the government, and at the end of the authorization term
stated in the concession agreement, the facility and the field again pass
to the possession of the government. Code Number 3096 also regulates
the transfer of operating rights as to the generation, transmission, and
distribution facilities owned by the government to private enterprises.
2- Code Number 3996.
In 1994, the Code in Relation to the
Construction of the Services and Investments in the frame of Build-
Operate-Transfer Model numbered 3996 (hereinafter referred to as the
“Code Number 3996”) is accepted. Code Number 3996 extended the BOT
model applied in the energy sector in the frame of Code Number 3096 to
other infrastructure projects and services which require high technology
and important material sources. The agreements in the scope of this
Code are subject to private law and thereby may be subject to arbitration.
Agreements in relation to electricity generation, transmission, distribution,
and trade are within the scope of this Code. Code Number 3096 remains
in effect.
3 - Code Number 4283.
According to the Constitutional Court decision
which entered into force in 1996, agreements subject to Code Number