“force majeure” decisions from EMRA – Bloomberg HT
Board decisions of the Energy Market Regulatory Authority were published in today’s issue of the Official Gazette.
Accordingly, earthquakes that occurred in Kahramanmaraş were accepted as “force majeure” in terms of the temporary obligations of legal entities holding a pre-license or generation license in accordance with Article 35 of the Electricity Market License Regulation.
In this context, as of February 6, to be applied throughout the country during the state of emergency (OHAL), pre-license periods and pre-construction period and construction period within the scope of generation license or liability postponement periods within the scope of the temporary article 15 of the Regulation, excluding the applications for electricity generation facilities with storage. related to the deadlines for the completion of the necessary information and documents within the scope of pre-license or license applications and amendment applications, the periods regarding the obligations determined within the scope of the pre-license or production license amendment transactions, the periods regarding the obligations determined within the scope of the merger or division transactions, the obligations determined within the scope of the issuance of the production license as a continuation of the old one. Legal entities whose terms have expired or will expire will be considered as extended during the State of Emergency without the need for any action, effective from the date of expiration, and the relevant main service office will be authorized in this regard. will be posted.
In addition, legal entities holding generation licenses subject to electricity generation facilities planned to be established or partially in operation in provinces where a state of emergency decision has been taken or declared disaster areas, and legal entities holding generation licenses whose company headquarters are in these provinces are exempted from the obligation to submit a progress report within the scope of the second paragraph of Article 52 of the Regulation. It will be exempted during the state of emergency.
On the other hand, earthquakes in Kahramanmaraş were accepted as “force majeure” in terms of the temporary obligations of real and legal persons holding licenses and certificates in accordance with Article 46 of the Natural Gas Market License Regulation and Article 24/B of the Natural Gas Market Certificate Regulation.
In this context, natural and legal persons whose terms given for obtaining licenses and certificates, for completing the necessary information and documents within the scope of amendment, visa and renewal applications to be implemented throughout the country as of 6 February during the state of emergency, expire or will expire after 6 February. These periods will be considered to be extended during the state of emergency without the need for any action, effective as of the date of the State of Emergency.
Natural and legal persons who have been given internal installation and service lines certificates by natural gas distribution companies, distribution companies operating in provinces where a state of emergency decision has been taken or disaster areas have been declared, will be able to operate in the distribution regions to which they have notified, provided that they notify the date and number of the certificate they have and their personnel information.
The certificates of the holders of the Internal Installation and Service Lines Certificate, whose certificate and visa expired or will expire after February 6, will be deemed valid during the state of emergency without the need for any action, provided that they continue to fulfill the requirements in the relevant legislation.
Provided that real and legal persons holding Construction and Service Certificate operate in the mechanical category, distribution companies operating in provinces where a State of Emergency decision has been taken or disaster areas have been declared, may carry out activities related to indoor installations in the distribution regions to which they have notified, provided that they inform the date and number of the certificate they hold and personnel information. can be found.
