From the Ministry of Energy and Natural Resources:

APPLICATIONS FOR SOLAR ENERGY BASED ELECTRICITY GENERATION

REGULATION ON TECHNICAL EVALUATION

REGULATION ON MAKE CHANGES

Tuesday, January 17, 2023

ARTICLE 1- Article 1 of the Regulation on the Technical Evaluation of Solar Energy-Based Electricity Generation Applications published in the Official Gazette dated 30/6/2017 and numbered 30110 has been amended with its title as follows.

“Purpose and scope

ARTICLE 1- (1) The purpose of this Regulation is to determine the procedures and principles for the technical evaluation of solar energy-based pre-license or unlicensed electricity generation activity applications and the evaluation of modification requests within the scope of associate license, generation license or unlicensed generation activity.”

ARTICLE 2- Article 2 of the same Regulation has been repealed.

ARTICLE 3- Article 4 of the same Regulation has been amended as follows.

“ARTICLE 4- (1) In this Regulation;

a) ASSA (Maximum Power Plant Area Area): The value in m2/MWe obtained by dividing the planar area of the power plant area by the total electrical power of the facility,

b) Incompatible area: Power plant sites included in the pre-license or generation license, power plant sites approved by the General Directorate within the scope of applications for land-applied unlicensed electricity generation activity, power plant sites approved and still valid within the scope of power plant site change requests, and proposed or announced within the scope of YEKA Regulation renewable energy resource areas,

c) Connection region: The region determined by the General Directorate of Turkish Electricity Transmission Corporation and covering the borders of the province or provinces,

ç) Ministry: The Ministry of Energy and Natural Resources,

d) Multiple source electricity generation facility: Combined renewable electricity generation facility, combined electricity generation facility, supporting source power generation facility and co-fired power generation facility,

e) General Directorate: General Directorate of Energy Affairs,

f) SPP: Solar Power Plant,

g) GOI: Solar Measurement Station,

ğ) Unusable area: Areas that are announced on the official website of the Ministry and that cannot contain facility components,

h) EMRA: Energy Market Regulatory Authority,

ı) LUY: Regulation on Unlicensed Electricity Production in the Electricity Market, published in the Official Gazette dated 12/5/2019 and numbered 30772,

i) Pre-license: Permission granted for a certain period of time to legal entities wishing to engage in electrical energy generation activities in order to obtain the necessary approvals, permits, licenses and the like to start their generation facility investments,

j) REPA: Turkey Wind Energy Potential Atlas published by the General Directorate,

k) RES-YA: According to the REPA data at a height of 100 (one hundred) meters above the ground level, the annual average wind speed values are 7.5 (seven point five) meters/second (m/s) and above, for each point drawn within a radius of 100 meters. and the potential wind investment area with a total area of more than 30,000 square meters (thirty thousand square meters),

l) Powerhouse site: The area on which the facility component is located and determined according to the method specified in ANNEX-1,

m) Grid operator: Turkish Electricity Transmission Corporation, electricity distribution companies or organized industrial zone legal entity holding a distribution license,

n) TDR: Technical evaluation report prepared by the General Directorate according to the format published in Appendix-2/A, APPENDIX-2/B or the official website of the Ministry, for applications with land application within the scope of Associate Degree or LLM,

o) Facility component: All kinds of mechanical, electro-mechanical, electrical components/structure and construction used for electrical energy generation and, if any, electricity storage facility integrated with GES,

ö) UTM coordinate: The coordinate given on the basis of six degree slices in Universal Transversal Mercator projection (ED50 Datum),

p) Generation license: The permit issued by EMRA to the legal person wishing to operate in the electricity market,

r) Auxiliary source: Other energy sources used other than the main source,

s) YEKA Regulation: Regulation on Renewable Energy Resource Areas published in the Official Gazette dated 9/10/2016 and numbered 29852,

ş) YEPDİS: Renewable Energy Projects Evaluation and Monitoring System operated by the General Directorate,

means.”

ARTICLE 4- Article 5 of the same Regulation, together with its title, has been amended as follows.

“Technical evaluation of solar energy-based associate degree applications

ARTICLE 5- (1) All of the information and documents announced on the official website of the Ministry are sent to the General Directorate by EMRA in order to carry out the technical evaluation of the solar energy-based associate license applications.

(2) If any of the following situations are detected, the technical evaluation of the pre-license application based on solar energy is not made and this situation is reported to EMRA:

a) Any of the information and documents sent within the scope of the associate degree application are incomplete, incorrect or specified. not properly arranged.

b) The power plant area specified in the pre-license application has not been determined according to the relevant method in ANNEX-1.

c) The power plant site specified in the pre-license application is located in an unusable or incompatible area or intersects with such areas.

ç) The DPs specified in the associate license application are not in a place to represent the power plant area according to the method in ANNEX-3.

d) The ASSA value calculated by the General Directorate for the associate degree application is not between the relevant value specified in ANNEX-4 and 35% (thirty-five percent) of this value.

e) The power plant area specified in the associate license application is located in any RES-YA or at least 25% (twenty-five percent) intersects with the RES-YA.

f) If the pre-license application intersects or overlaps with any connection region specified within the scope of a competition advertisement published in the Official Gazette based on solar energy within the scope of the YEKA Regulation, and this application, the contest announcement date and the areas to be allocated after the announcement are announced as YEKA in the Official Gazette. to have been made in the period until it was made.

(3) In the technical evaluation of solar energy-based pre-license applications made by legal entities undertaking to establish an electricity storage facility, and applications made for the purpose of establishing a multi-source electricity generation facility with solar power as an auxiliary source, PI information and, if any, the requirement to represent the power plant site of the PPs are not required.

(4) For the pre-license application that is found appropriate in accordance with the procedures and principles specified in this Regulation and its annexes, the TDR, which is prepared according to the preliminary license application technical evaluation result report in Annex-2/A, is sent to EMRA by the General Directorate.

(5) If the pre-license application, whose technical evaluation is deemed appropriate and TDR is sent to EMRA, gains a connection right less than the application capacity as a result of the competition or other capacity allocations, the technical evaluation of the pre-license application is made again if it is sent by EMRA. For this purpose, the information and documents announced on the official website of the Ministry are rearranged in such a way that the corner UTM coordinates of the power plant area remain within the power plant area specified in the first application, taking into account the gained connection capacity, and sent to the General Directorate by EMRA.

(6) The connection region where the associate degree application will enter the connection competition is the region where the switchboard area specified in the application occupies the largest area in terms of area. In case of equality of areas, the region of the province where the geometric center of the power plant area is located is determined as the connection region.

ARTICLE 5- Article 6 of the same Regulation, together with its title, has been amended as follows.

“Evaluation of amendment requests for applications with associate and/or production licenses

ARTICLE 6- (1) For requests to make changes in the information in the associate or generation license (number of units, unit powers, corner coordinates of the power plant site, technology type, total installed capacity of the facility, etc.) All of the information and documents announced on the official website of the Ministry for the evaluation of the applications made are sent to the General Directorate by EMRA.

(2) For the requests within the scope of this article, if all the following criteria are met, the letter of conformity prepared by the General Directorate is sent to EMRA:

a) The information and documents announced on the official website of the Ministry are complete, error-free and arranged as specified.

b) The power plant area specified in the scope of the request does not intersect with the unusable area and/or incompatible area or is not located within such areas.

c) The power plant site specified within the scope of the request is in accordance with the method specified in ANNEX-1.

ç) The ASSA value of the power plant area specified within the scope of the request is between the relevant value specified in ANNEX-4 and 35% (thirty-five percent) of this value.

d) The power plant area specified within the scope of the request is not included in any RES-YA or at least 25% (twenty-five percent) does not intersect with the RES-YA.

(3) In the evaluation of requests for the integration of a solar power plant with a pre-license or generation license with the electricity storage facility, it is required that the area where the electricity storage facility will be established is within the power plant area.

(4) For the amendment applications made within the scope of the conversion of the associate license or generation license issued based on solar energy into a multi-source electricity generation facility, a technical evaluation is made according to the type of auxiliary source, if any, within the scope of the relevant legislation. In case the facility to be used as auxiliary source is within the power plant site, which is included in the solar energy-based pre-license or generation license, a letter of conformity is prepared and sent to EMRA.

(5) For a request for the conversion of a facility holding a pre-license or generation license to a multi-source electricity generation facility, The power plant area of the facility in question is not considered as an incompatible area.

(6) Within the scope of this article, the letters of conformity sent to EMRA by the General Directorate or the pre-license and/or production license amendment decisions taken by EMRA based on TDRs are sent to the General Directorate by EMRA within 30 (thirty) calendar days from the date of the decision.”

ARTICLE 6- Article 7 of the same Regulation, together with its title, has been amended as follows.

“Assessment of applications made within the scope of LLM and requests for amendments

ARTICLE 7- (1) For applications based on solar energy made within the scope of LLM, only land applications are evaluated by the General Directorate.

(2) If the connection opinion is found positive by the relevant grid operator for an application made within the scope of a solar energy-based land application, the information and documents announced on the Ministry website are entered into YEPDIS by the relevant grid operator in order to make the assessment.

(3) If any of the following conditions are detected in the information or documents entered in YEPDIS for solar energy-based land applications made within the scope of the LLM, the relevant network operator is informed by the General Directorate in order to make the necessary corrections within the scope of the LLM:

a) Any information and/or document announced on the official website of the Ministry is incomplete or inaccurate.

b) The power plant site specified in the application is not suitable for the method in ANNEX-1.

c) The ASSA value calculated for the solar energy-based land application made within the scope of the LLM is not between the relevant value specified in ANNEX-4 and 35% (thirty-five percent) of this value.

ç) The entire Power Plant Site is not located within the boundaries of the immovable specified within the scope of the application.

d) The Power Plant Site is located in any RES-YA or at least 25% (twenty-five percent) intersects with the RES-YA.

(4) If the power plant site specified in the solar energy-based land application application made within the scope of the LLM is located within the unusable area or renewable energy resource areas proposed or announced within the scope of the YEKA Regulation, the application is not deemed appropriate and the relevant grid operator is notified.

(5) The TDR, which is prepared according to the technical evaluation result report included in ANNEX-2/B or published on the official website of the Ministry, for solar energy-based land-applied LLM applications that are found suitable according to the procedures and principles specified in this Regulation and its annexes. sent to the operator.

(6) In case the electrical connection power of the application made within the scope of LLM is less than 1 (one) MWe, the ASSA value of the power plant area of the application may be increased by 10% (ten percent), provided that it does not exceed the relevant ASSA value in ANNEX-4.

(7) The relevant network operator, the information and documents announced on the official website of the Ministry for all applications within the scope of the solar energy-based roof and/or façade application LLM with a positive connection opinion, and the ED50 of at least one point representing the immovable where the SPP will be installed, It enters the coordinate information determined according to either ITRF Datum or WGS84 projection systems into YEPDIS and checks whether this structure is located within the real estate specified in the application. For eligible applications, a YEPDIS registration document is issued by the relevant network operator through YEPDIS. Roof and/or façade-applied SPPs that do not have a YEPDIS registration certificate cannot be connected to the grid.

(8) If the application made within the scope of LLM includes both land and roof and/or facade applications, the information and documents announced on the official website of the Ministry are entered into YEPDIS separately by the relevant network operator for each application site. For the land-applied part of the application, an evaluation is made by the General Directorate, and for the roof and/or facade-applied part, the relevant network operator takes action within the scope of the seventh paragraph.

(9) For applications with land application made within the scope of LLM, the TDR is revised, provided that it is deemed appropriate in accordance with the procedures and principles specified in this Regulation and its annexes, for the requests for changing the information in the TDRs, which are approved by the General Directorate and sent to the relevant network operator.

(10) The intersection or overlap of the power plant site belonging to a solar energy-based application made within the scope of the LLM with a power plant site included in the wind energy-based generation license belonging to another legal entity, and at the same time, the entire plant site in the application is the property of the applicant. technical evaluation of the application is made. The TDR is sent to the relevant network operator by the General Directorate for the applications that are found appropriate according to the provisions of this Regulation and that do not affect the plant components in the power plant area that have the relevant generation license.

(11) Applications for solar energy-based and land-applied unlicensed electricity generation activities cannot be made within the power plant sites belonging to the applications for which an associate license application has been made but for which the pre-license has not yet been granted by EMRA.
(12) For an application within the scope of LLM regulated by TDR by the General Directorate, if a change in mechanical power and/or electrical installed power is requested, the approval date of the first TDR of the application is taken into account. If the TDR is approved before 10/5/2019, the ratio of the mechanical power (kWp) to the electrical installed power (kWe) specified within the scope of the request cannot be more than 1.2 (two tenths of a whole). This condition is not sought for applications made to use all of the electrical energy it produces without giving it to the transmission or distribution system, and for applications whose first TDR is approved after 10/5/2019.
(13) For an application for which TDR is issued by the General Directorate; The date of notification of the call letter to the connection agreement, the date of project approvals, the date of signing of the connection agreement and the date of acceptance of the facility are entered into YEPDIS by the relevant network operator within 15 (fifteen) days following the relevant dates.”
ARTICLE 7- Articles 8 and 9 of the same Regulation have been repealed.
ARTICLE 8- The following additional article has been added to the same Regulation.
“Exceptional circumstances
ADDITIONAL ARTICLE 1- (1) In case the application is not deemed appropriate due to the intersection and/or conflict of the power plant site submitted within the scope of this Regulation with any RES-YA, excluding applications for multiple source electricity generation facilities; In case it is documented by any public institution and organization that wind turbines will not be allowed to be installed in this intersection/conflict area within the framework of the relevant legislation or that the property rights of the mentioned intersection and/or overlap area belong to the applicant, a technical evaluation/assessment is made.”
ARTICLE 9- Annex-1, Annex-2, Annex-3 and Annex-4 of the same Regulation have been amended as attached.
ARTICLE 10- This Regulation enters into force on the date of its publication.
ARTICLE 11- The provisions of this Regulation are executed by the Minister of Energy and Natural Resources.