Newsletter-21

309 ENERGY LAW announced as a “Candidate RERA”. The relevant area, following the completion of all technical analyses and measurements that are regu- lated in Article 5 of the Regulation, will be announced in the Official Gazette as the final RERA no later than 1 year. The Ministry of Energy and Natural Resources (“Ministry”) evaluates RERAs by criteria, such as type, potential and unit electricity cost of the resource, and decides which RERAs will be opened primarily for investment. The announcement of tender for the Right of Use for RERAs shall be published in the Official Gazette and on the web site of the General Directorate. Article 6 of the Regulation determines the required infor- mation to be published in the announcement. Receipt of Applications for Right of Use of RERA According to Article No. 7 of the Regulation, the legal entities who undertake to produce domestic equipment determined by the Ministry, and to use domestically produced goods, and to fulfill the conditions determined for pre-license applications under the Electric- ity Market License Regulation are authorized to make application to conduct generation activities on RERAs provided that they submit all required information and documentation by the Ministry. Addition- ally, it is regulated that if the application is made by more than one legal entity, such entities must apply as a joint venture. Organization of Committee and Examination of Applications Applications are examined by a committee (“Committee”) to be established. According to Article 9 of the Regulation, detailed docu- mentation examination must be completed within 20 calendar days starting from the application date that is determined in the announce- ment, and this period can only be extended by the Ministry for another 20 calendar days of the same period. Additional notification is made to applicants’ notified addresses at least 5 calendar days prior to the tender date. Pursuant to the same Article, the Committee may decide that the tender can be suspended or cancelled in its own discretion, and in such event, the competitor legal entities will not be entitled to claim any losses or damages.