EMRA force majeure decisions

The decisions of the board of the Energy Market Regulatory Authority were published in today’s edition of the Official Gazette.

Consequently, the earthquakes that occurred in Kahramanmaraş were accepted as “force majeure” in terms of the temporary obligations of legal persons holding prior licenses or generation licenses pursuant to Article 35 of the Electricity Market Licensing Regulation.

NEW EDITION

In this context, as of February 6, to be implemented throughout the country during the state of emergency (OHAL):

* Pre-licence periods and pre-construction period and construction period in the scope of the production license or periods of deferral of responsibility in the scope of transitory article 15 of the Regulation

* With the exception of applications for storage electricity generation facilities, the deadlines established to complete the information and documents necessary in the field of pre-licence or license applications and modification applications

* Deadlines related to the obligations determined in the scope of the operations of modification of the preliminary license or the production license

* Deadlines related to the obligations determined in the field of merger or spin-off operations

* Deadlines related to the obligations determined in the scope of the issuance of a production license as a continuation of the previous one

* For legal entities that have expired or are about to expire, their terms will be considered extended during the State of Alarm without the need for any action, and the corresponding main service office will be authorized in this regard.

WILL BE EXCLUDED

Likewise, legal persons holding generation licenses subject to electric power generation facilities that are intended to be established or are partially in operation in provinces declared in a state of emergency or declared disaster areas, and legal persons holding generation licenses whose registered office is located in said provinces are exempt from the obligation to present a situation report within the scope of the second paragraph of article 52 of the Regulation, which will be exempt during the validity of the state of alarm.

On the other hand, the earthquakes in Kahramanmaraş were accepted as “force majeure” in terms of the temporary obligations of natural and legal persons holding licenses and certificates in accordance with Article 46 of the Natural Gas Market Licensing Regulation and Article 24/B of the Natural Regulation of Gas Market Certificates.

In this context, the natural and legal persons whose deadlines are given for obtaining licenses and certificates, to complete the information and documents necessary in the framework of the modification, visa and renewal requests that will be implemented throughout the country as of February 6 during the state of emergency, they expire or expire as of February 6 These deadlines will be considered extended during the state of alarm without the need for any action, with effect from the date of the State of Alarm.

Individuals and legal entities that have obtained certificates of internal installations and service lines from natural gas distribution companies, distribution companies that operate in provinces where a state of emergency has been issued or a zone has been declared, may operate in the distribution regions. of disaster. to those who have notified, provided they notify the date and number of the certificate they hold and their personal data.

The certificates of the holders of the Certificate of Installations and Internal Service Lines, whose certificate and visa have expired or will expire after February 6, will be considered valid during the state of alarm without the need for any action, provided they continue to comply the requirements in the corresponding legislation.

As long as the natural and legal persons holding the Construction and Service Certificate operate in the mechanical field, the distribution companies that operate in provinces where a State of Emergency has been issued or a disaster area has been declared, may carry out activities related to interior installations in distribution regions. to those who have notified, as long as they report the date and number of the certificate they hold and the personal data can be found. (AA)