Newsletter-21

304 NEWSLETTER 2016 Within this context, applicants must fulfill the conditions deter- mined for pre-license applications under the Electricity Market Li- cense Regulation published in the Official Gazette dated 2 November 2013 and numbered 28809. Application will be made to the Ministry by submitting required information and documentation determined by the Ministry. Competition Procedure According to Article No. 9, legal entities that have fulfilled the criteria determined and announced by the Ministry are authorized to participate in the competition to be made for assignment of connection capacity of a RERA. Competition will be based on an underbidding basis from the electricity maximum purchase price determined by the Ministry for kilowatt-hour per each RERA. For the production facilities to be installed on RERAs, the low- est price to be offered over the maximum price, determined by the Ministry for each RERA, not to exceed the total price calculated in accordance with schedules numbered (I) and (II) annexed to Law No. 5346, will be applied during the time period determined in accordance with the competition terms. Any operation cannot be conducted that exceeds the time period determined, or the price offered. Applications will be sorted by the lowest electricity purchase price, and the applicant who offers the lowest purchase price will be given the right of usage of connection capacity. In the case of equiva- lent offers, new offers to be given by the companies cannot be higher than the first amount offered. Legal entities that are entitled to obtain a pre-license will be au- thorized with the right of connection to the system and will be notified to the EMRA for pre-license granting procedures. Projects awarded to the winning offer will be announced as a RERA following the perfor- mance of required evaluations. On the contrary, to prefer vague and open-ended expressions, such as “reasonable circumstances,” which is found in the cancella- tion conditions in the 10th sub-paragraph of Article No. 9 of the Draft,