institutions governing the HEPP process. According to the 2003 By-law and its
amendments in the years of 2008, 2013 and 2014, the DSI and/or the General
Directorate of Electrical Power Resources Survey and Development Organization
(EIE) under the Ministry of Energy and Natural Resources [Elektrik Isleri Etüd
Idaresi
4 ] initially develop the available projects, and DSI then announces them on
its website, where the application process for the companies are detailed (see Clause
5). In these initial steps, companies apply to the projects they are interested in by
submitting a letter of indemnity and proving their capacity to undertake the
advertised projects (see Clause 6). When completing the applications, the DSI and
EIE require applicants to submit a feasibility report for the projects (see Chap. 3 of
the by-law, particularly Clause 8). If these feasibility reports are approved, successful applicants are informed that they are qualified to sign a water use rights
agreement, and the EPDK is simultaneously informed of this decision (see Chap. 4,
Clause 10 of the By-Law). Once this decision is made, companies have to apply to
the EPDK to get an electricity generation licence. If the EPDK decides that it is
appropriate to issue an electricity generation licence to a company, it then allows
the DSI to sign the water use right agreement with the company. Then, the company
and DSI sign the agreement, and the EPDK is informed; this finalizes the licensing
process (see Chap. 4 of the 2003 By-law).
The application and licensing are not the only elements of the HEPP process.
Companies which sign water use rights agreements with the DSI also have to
receive EIA clearance (see Clause 12 of the 2003 by-law). The most recent by-law,
issued in November 2014, indicates that each project has to receive EIA clearance
from the Ministry of Environment and Urbanization before investments and constructions of relevant projects can be initiated. This clearance may be in the form of
approval of the EIA Report submitted by the companies or state institutions to the
Ministry, which is required for a list of projects named in Annex I of the By-law,
including run-of-the-river HEPP constructions with capacities above 10 MW. The
ultimate decision is either the “EIA is positive” or the “EIA is negative”. Clearance
may also be in the form of the approval of a file introducing the project to the
Ministry, which is evaluated by a method of selection and elimination. Here, when
a project falls under Annex II of the By-law including small-scale HEPPs (with
capacities between 1 and 10 MW), a commission within the Ministry of
Environment and Urbanization gives the ultimate decision. This commission may
either decide on “EIA required”, meaning that the company has to go through the
process implemented for Annex I projects, or “EIA not required”, which authorizes
the companies to operate. Projects not mentioned in Annex I and II are not required
to go through an EIA process. Other annexes of the By-law refer to the environmental legislation of Turkey, detailing the legal framework regarding the environment that must be taken into consideration by applicants in their EIA process.
4
The EIE was abolished in 2011, and its duties were transferred to the General Directorate of
Renewable Energy, operating under the Ministry of Energy and Natural Resources. This
Directorate was later transferred to the General Directorate of Electricity Works in July 2018.
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R. C. Sayan and A. Kibaroğlu
amendments in the years of 2008, 2013 and 2014, the DSI and/or the General
Directorate of Electrical Power Resources Survey and Development Organization
(EIE) under the Ministry of Energy and Natural Resources [Elektrik Isleri Etüd
Idaresi
4 ] initially develop the available projects, and DSI then announces them on
its website, where the application process for the companies are detailed (see Clause
5). In these initial steps, companies apply to the projects they are interested in by
submitting a letter of indemnity and proving their capacity to undertake the
advertised projects (see Clause 6). When completing the applications, the DSI and
EIE require applicants to submit a feasibility report for the projects (see Chap. 3 of
the by-law, particularly Clause 8). If these feasibility reports are approved, successful applicants are informed that they are qualified to sign a water use rights
agreement, and the EPDK is simultaneously informed of this decision (see Chap. 4,
Clause 10 of the By-Law). Once this decision is made, companies have to apply to
the EPDK to get an electricity generation licence. If the EPDK decides that it is
appropriate to issue an electricity generation licence to a company, it then allows
the DSI to sign the water use right agreement with the company. Then, the company
and DSI sign the agreement, and the EPDK is informed; this finalizes the licensing
process (see Chap. 4 of the 2003 By-law).
The application and licensing are not the only elements of the HEPP process.
Companies which sign water use rights agreements with the DSI also have to
receive EIA clearance (see Clause 12 of the 2003 by-law). The most recent by-law,
issued in November 2014, indicates that each project has to receive EIA clearance
from the Ministry of Environment and Urbanization before investments and constructions of relevant projects can be initiated. This clearance may be in the form of
approval of the EIA Report submitted by the companies or state institutions to the
Ministry, which is required for a list of projects named in Annex I of the By-law,
including run-of-the-river HEPP constructions with capacities above 10 MW. The
ultimate decision is either the “EIA is positive” or the “EIA is negative”. Clearance
may also be in the form of the approval of a file introducing the project to the
Ministry, which is evaluated by a method of selection and elimination. Here, when
a project falls under Annex II of the By-law including small-scale HEPPs (with
capacities between 1 and 10 MW), a commission within the Ministry of
Environment and Urbanization gives the ultimate decision. This commission may
either decide on “EIA required”, meaning that the company has to go through the
process implemented for Annex I projects, or “EIA not required”, which authorizes
the companies to operate. Projects not mentioned in Annex I and II are not required
to go through an EIA process. Other annexes of the By-law refer to the environmental legislation of Turkey, detailing the legal framework regarding the environment that must be taken into consideration by applicants in their EIA process.
4
The EIE was abolished in 2011, and its duties were transferred to the General Directorate of
Renewable Energy, operating under the Ministry of Energy and Natural Resources. This
Directorate was later transferred to the General Directorate of Electricity Works in July 2018.
152
R. C. Sayan and A. Kibaroğlu