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evaluation. In the event that there is more than one application, which
require connection to the same connection point or same connection
area, a contest shall be organized for selection of the applicants who
offer and undertake to pay the highest total contribution fee per unit
megawatt.
Provisions on Hydroelectric Power Plants
Besides general provisions regarding the renewable energy
resources, the EML also regulates a few provisions specific to the
hydraulic resources.
As is known, signing a water utilization right agreement is
required to obtain a license for electric generation activities based on
hydraulic resources. Pursuant to Article 29, for the applications for
signing a water utilization right agreement, the General Directorate of
State Hydraulic Works (“DSI”
7
) is entitled to determine the legal enti-
ty, which will sign the water utilization right agreement. In case of
more than one application for one resource, the legal entity, which
offers to pay the highest hydroelectric resource contribution fee, shall
be selected for signing the agreement and notified to EMRA. The con-
tribution fee shall be paid every year by the end of January and record-
ed as revenue to the DSI’s budget.
Temporary Article 15 of the EML sets forth a provision specific to
idle hydroelectric power plants. According to this provision, the right
holders of the hydroelectric power plants; which generated electricity
before the previous Electricity Market Law No: 4628
8
(“Previous
Law”) entered into force, and later on, stopped their activities or could
not connect to the distribution system, may sign a water utilization
rights agreement with DSI with a fee of TRL 0,01/kilowatt-hour with-
out requiring an announcement by DSI, provided that an application
shall be made within six months as of the date the EML entered into
force and the application area does not coincide with already existing
projects.
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NEWSLETTER 2014
7
The abbreviation is well known and accepted term in Turkish for the General Directorate of
State Hydraulic Works.
8
Official Gazette 3 March 2002, nr. Reiterated 24335.