• It is the spirit and not the form of law that keeps justice alive.
    Earl Warren


The Unlicensed Electricity Generation Regulation was amended by the Regulation on Amending the Unlicensed Electricity Generation Regulation, which was published in the Official Gazette on 23 March 2016 (“Amendment Regulation”). The Amendment Regulation has introduced a variety of significant changes, ranging from the allocation of capacity to restrictions on share transfers. To list a few of the modifications, with the Amendment Regulation, when wind and solar plants (which may generate electricity without a license) are concerned, a maximum of 1 MW capacity may be allocated to real and legal entities from the same group of companies at each transformer center, irrespective of the number of consumption facilities, which brings a significant restriction. The Amendment Regulation also provides limitations on the air and project distance between an unlicensed electricity generation plant and the transformer, based on the installed capacity of the said plant. The two preceding limitations on MW capacity and distance will not pertain to applications, which have been announced on the web page of the network operator (and which have the right to obtain a call letter) as of 23 March 2016. It is also important to note that with the changes in the Amendment Regulation, shares of wind and solar generation companies (which may generate electricity without a license) may not be transferred until the relevant generation plant’s temporary acceptance. Otherwise, the relevant call letter would be cancelled. Accordingly, the Regulation on Amending the Unlicensed Electricity Generation Regulation now restricts the transfer of shares of the relevant companies before the temporary acceptance.
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