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ENERGY LAW
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Pursuant to Article 5 of the New EML, in the event that one legal
entity is conducting market activities at different facilities, it should
obtain separate licenses for each facility, even if a legal entity only
engages in one type of activity at those facilities.
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Moreover, t
he licensees
engaged in market activities subject to regulated tariffs and carrying
out such activities at more than one facility or region are obliged to
keep separate accounts and records for each facility or each region
subject to a license.
Licensees cannot engage in any activities which are not within the
scope of their licenses; however, they may engage in
activities that are
complementary to and/or required within the scope of their market
activity and related to the by-products produced as a result of their
market activity
, on the condition that such other activities are explicitly
indicated in their licenses.
Pursuant to Article 5 paragraph 2(c) of the New EML, licenses are
issued for a period of up to forty-nine (49) years at once. The minimum
term for generation, transmission and distribution licenses is ten (10)
years.
To obtain a license, legal entities should apply to the Energy Market
Regulatory Authority of Turkey (“EMRA”) by submitting the required
documents and by paying the necessary fees. The details of license
application requirements, the licensing fees and the conditions regarding
the modification, renewal, expiry and cancellation of licenses will be
regulated under secondary legislation (in the form of regulations), and
shall all be enacted within six months from the date on which the New
EML enters into force.
Rules on Corporate Structure
Under the New EML, there are some basic rules regarding the
corporate structure of the legal entities that may apply to obtain licenses;
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Under Article 5 paragraph 2(f) of the New EML, an exception is set forth for generation
facilities based on same type of renewable energy resources. According to this exception,
renewable energy generation facilities which are located at the surface of more than one
premises, can be considered under one generation license provided that they are connected to
the system from the same point.