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NEWSLETTER 2011
190
Regulation on the Unlicensed Electricity Generation
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Att. Özgür Kocabaşoğlu
Regulation on the Unlicensed Electricity Generation on the Electricity
Market (“Regulation”) has entered into force through publication in the
Official Gazette dated July 21, 2011 and numbered 28001. The Regulation
provides that real and legal persons fulfilling certain minimum legal
requirements are exempt from the requirement of obtaining a license and
establishing a company in order to generate electricity. With the Regulation,
it is possible to establish a generating station or power plant, the installed
power capacity of which is limited to a maximum of five hundred kilowatts
based on renewable energy
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sources, and/or cogeneration facilities
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.
Exemption Concerning the License and Establishment of a
Company
Exemption concerning the license and establishment of a company
is laid down under Article 4 of the Regulation. Pursuant to the relevant
article, persons who can benefit from the exemption concerning the
license and establishment of a company are as follows:
- Real and legal persons who will generate electricity in micro
cogeneration
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facilities, or generation stations with a maximum
installed power of five hundred kilowatts based on renewable
energy sources,
- Real and legal persons who will establish a cogeneration facility
that exceeds the limit laid down under the Regulation on Increase
of Productivity on the Utilization of Energy Sources and Energy,
in order to meet their own needs.
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Article of July 2011
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Renewable energy sources are the energy sources such as hydraulic, wind, solar, geothermal,
biomass, gas obtained from biomass (including landfill gas), and non-fossil energy sources
such as wave, stream energy and rise and fall.
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Cogeneration facilities are the facilities that generate heat and electricity and/or mechanical
energy simultaneously.
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Micro cogeneration facilities are the facilities with a total installed power of fifty kilowatts
and less based on electric energy.