Introduction

Regulation Regarding Acceptance of Electricity Production and Storage Plants (“Regulation”) has been prepared by the Ministry of Energy and Natural Resources (“Ministry”) and published on the Official Gazette dated 19.02.2020 and numbered 31044. The Regulation abolishes the Regulation on Acceptance of Electricity Generation Plants (“Former Regulation”) published on the Official Gazette dated 06.11.2015 and numbered 29524.

Scope of the Regulation

The Regulation aims to (i) ensure compliance of acceptance procedures related to electricity generation and storage plants with the relevant laws and regulations (ii) ensure safety and security of lives, properties and plants (iii) duly connect the plants to the electricity transmission and distribution networks and (iv) to regulate the procedures and principles with regards to acceptance of electricity generation and storage plants. Procedures and principles relating to investments enabling storage facilities in electricity generation plants and connection of the stored electricity to the transmission and distribution networks are also determined within the Regulation.

Delegation of Authority

The acceptance and reporting procedures are within the authority of the Ministry and the Ministry may delegate its authority to a project approval unit (“PAU”) according to the Regulation. All consents, licenses and approvals required for electricity generation and storage plants must be obtained d by the license holder or the owner of the plant within the time periods in order to have the plant accepted.

Construction of the Plants and Equipment

The plants will only be constructed and operated provided that the plant projects are approved and the required consent, license and approvals are obtained subject to the Regulation.

The Regulation also restricts the use of uncertificated and non-standard equipment and materials within the plants and requires TSE certification for the relevant equipment and materials. Certificate of Compliance with the Criteria (TSEK Certification) ensuring conformity with the technical specifications must be obtained for the materials and equipment if there is not a standard to follow for such equipment and material.

Application for Acceptance and Acceptance Committee

Having divided the acceptance procedures within two procedures as “Acceptance” and “Partial Acceptance”, The Regulation removes the concepts of “Provisional Acceptance” and “Final Acceptance that were applied subject to the Former Regulation. In this vein, all of the references made to “Provisional Acceptance” and “Final Acceptance” concepts within the relevant laws and regulations will be deemed as made to “Acceptance” concepts subject to the Regulation, for the electricity generation and storage plants that has been invested within the scope of the Law No. 6446 by private legal entities.

The Regulation defines the purpose of Acceptance as documentation and certification of safe operation of the plants and their units in accordance with their projects and the Regulation.

Acceptance is defined as the procedures required for operation of the plants including having the necessary tests, controls, reports and consents carried out by the license holder or the owner of the plant, synchronization and commissioning of the plants in accordance with the safety and security principles, procedures required for the plant owner or license holder to engage in commercial activities by means of operating the Plant within the electricity market and tests, controls, reports and consents carried out by the license holder or the owner of the plant (for the plants that are not connected to networks).

Provisional Acceptance, on the other hand, means acceptance of the unit(s) of the Plant that is/are completed and suitable for operation before the completion of the whole Plant.

Acceptance Committee is the committee that is established by the PAU upon the request by the license holder or the plant owner following the readiness of the Plant for Acceptance.

Application for Acceptance procedures are carried out by the license holder or the owner of the Plant by submitting the required information and documentation by the Regulation to the relevant PAU following the installation of the unit(s) and the completion of all tests and approval procedures required before and after the synchronization of the Plant. License holders or the owners of the Plants are not allowed to submit Acceptance applications for the unit(s) that is/are not approved by the PAU in terms of its/ their projects or that is/are still in construction process.

PAU will analyse the applications for acceptance within 5 days and the Acceptance Committee will be ready at the Plant within 10 days at the latest.

Application Committee will be established under the chairmanship of an engineer appointed by the relevant PAU as its authorised representative, and will also comprise a PAU engineer, system operator engineer, license/plant owner engineer (or its representative), contractor’s authorised representative (if required by the PAU) and an engineer from a state institution or a state organization.

The Application Committee for solar energy power plants which are below 10 kW and applied to roof and facade systems will be established under the chairmanship of an engineer appointed by the relevant PAU as its authorised representative and will also comprise a PAU engineer and plant owner or its authorised representative.

The Acceptance Committee will execute the Acceptance Certificate unless the results of the analysis, tests and controls conducted by the Acceptance Committee constitute any reason not to accept the relevant plant. The date of operation of the Plant will be deemed as the date on the Acceptance Certificate.

The proceedings for Acceptance will also be followed in the event of a Provisional Acceptance.

Applying Voltage to the Plants

The Plants without project approval will not be generated with voltage according to the Regulation. In the event of a circumstance which poses jeopardy to lives, property and Plant safety, the system manager will cut the power of the plant until such circumstance is resolved.

Technical and Administrative Responsibility

All kinds of technical and administrative responsibility that may arise with respect to problems confronted in relation to compliance of the plant with its approved project, production, construction and operation of the plant will be under the responsibility of license/plant owner, contractor, producer and project owner respectively.

Plants that are not accepted or were subject to changes contrary to their approved projects are prohibited from operation according to the Regulation. The Regulation also provides that the Ministry will take precautionary measures which will involve disconnecting such plants from the networks.

Acceptance Applications in Progress

Applications for Acceptance submitted before the effective date of the Regulation will be finalised according to the Former Regulation by the relevant PAUs. However, it should be noted that if the Applications for Acceptance submitted before the effective date of the Regulation are rejected due to deficiencies and/or mistakes in their applications after the effective date of the Regulation, reapplications for acceptance of such plants will be subject to the Regulation.

@Kesikli Law Firm