Our Future with Renewable Energy

The need for energy, which continues to increase day by day, leaves us dependent on limited and non-renewable fossil fuels. Aside from the limitedness of these resources, chemicals are released that will harm the atmosphere and our world as a result of their use. At this point, the historical development and legal analysis of renewable energy sources, which are increasing their influence all over the world, are discussed in detail below.

Participants at the Kyoto UN Climate Summit (1997) agreed on measures that would oblige countries to reduce their emissions of industrial gases that cause climate change. This agreement is seen, at least by some, as a turning point in the world’s understanding of climate change. Citizens of many countries have begun to understand the seriousness of the climate change situation with the slowly developing and emerging events, meetings and decisions. But unfortunately; The governments of many countries have been delayed in acting effectively or quickly in this regard, and the growing industry with the rapid development of the countries has caused a cumulative increase in emissions. Unfortunately; as of today’s date; When you take into account greenhouse gases, it is known that emissions equal to 51 billion tons of carbon dioxide are released every year. Fortunately, renewable energy sources and advanced effective technologies have come to light recently. Renewable energy sources, which have increased their popularity today more than ever, have proven their merits and their use has increased visibly. In this article, we will try to shed light on some of the problems related to renewable energy sources.

Problems and Their Detection

There are 3 (three) questions that should be answered by those who plan initiatives about renewable energy, regarding current regulations. These questions are about whether the rights listed below have been established or not.

  • Access to Resources,
  • Production and Supply,
  • Acces to Markets,

The ultimate purpose of the questions listed above is to obtain a license. The license has become the most important requirement for those who will work on renewable energy sources. For example; A producer that has ownership control over a suitable area may not put the resource to be produced on the market or call it a resource without permission or license. Unfortunately, since the process of obtaining permission or license is a process that requires knowledge and effort, they act as a legal barrier. Fortunately, The legal regulations in the field of renewable energy law are newer than their counterparts. The novelty of the regulations has indirectly made them more effective. As a matter of fact, operations such as growth, operation management and control, which will be carried out after obtaining an indirect license, are simpler processes compared to obtaining a license. In this regard, we recommend that we proceed together with lawyers who are experts in their fields.

Creating a Production Facility

As we mentioned before, even if it is not impossible to obtain a license, it is more difficult than establishing a production facility. The rules regulating plant setup operations are clear rules that are easier to deal with as they have more textual explanations. The legal regulation regarding the completion of the production facility is included in the Law No. 6446, the regulation also binds the production facilities to be built within the scope of the Law No. 5346. According to the aforementioned regulation; Following the fulfillment of the pre-license obligations, depending on the nature and size of the generation facility to be established, to be recorded as revenue, in case the generation facility is not established within the construction period specified in the license a letter of guarantee not exceeding ten percent of the investment amount is taken from the legal entity applying for a generation license.

The steps may seem easy, but miscalculations and omissions can take us back to the starting point. However, there are exceptions that can legitimize these deficiencies. These are called force majeure. In short; they are unavoidable, inevitable and non-blockable causes.

In addition,There are strict rules for the continuation of activities in regulated markets. Outsourcing the activities to the private sector does not change the nature of the public service. Due to the importance of production investments in the electricity market in terms of supply security, the completion of the facility is subject to strict conditions such as collateral, administrative sanctions and activity ban. The fact that many permits and approvals have been obtained during the pre-license period does not mean that there will be no legal problems related to these issues during the license period, and it is possible that there will be delays in project implementation due to application changes and/or legislative changes by the administrations.

It is important for investors to consider the completion risk, to document and report the events that will affect the completion time of the facility due to force majeure and justifiable reasons, in order not to face heavy sanctions and loss of rights.

Stable Assistance Throughout the Process

As Tercan Law Firm, our Experience and  Knowledge both scientifically and legally combined is well suited for instances that consists technical and legal complexities. More than a decade we provided and will continue to provide support for our clients in every aspect possible for subjects like energy power plants, transportation process, managing agreements and all sorts of needs that we could supply. We would like to thank you for your time as a Law Firm that aims to take on the role of helping our clients with the help of our team that is enthusiastic about research and innovation.

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