EMRA files criminal complaint against Fatih Altaylı and Uğur Emek

EMRA has issued a written statement regarding the allegations raised for some time by journalist Fatih Altaylı and Prof. Dr. Uğur Emek, a planning expert at the former State Planning Organization (DPT), claiming that 'the EMRA administration made a multi-billion dollar windfall and distributed rent through pre-license applications for wind/solar power plants with storage.'

In the statement, which includes details regarding the claim that "EMRA issued a regulation overnight and distributed pre-licenses without anyone's knowledge," it was noted that it is impossible for the institution to issue a regulation overnight and put it into effect by publishing it in the Official Gazette, and that such a situation would be contrary to laws and relevant legislation. The statement explained that the pre-licensing process for wind/solar power plants with storage began after the task was assigned to the institution by a law that entered into force on July 5, 2022, and that this law stipulated that "no tenders or competitions would be held" for these processes and that even a measurement requirement would not be requested. On the other hand, it was reported that the purpose of the relevant law is to connect electricity produced from non-dispatchable wind and solar sources to the system by storing it and to increase the share of renewable energy in electricity production.

ALL OF TURKEY WAS AWARE OF THE SUBJECT

The statement noted that the process gained official status 4 months before the pre-license applications were received and that all of Turkey was aware of the subject once it was published in the Official Gazette and entered into force, and included the following statements:

"A draft containing the technical details of the process was prepared by our institution '2 months before' the pre-license applications were received and was opened to 'public' opinion. Before this draft was finalized, the contributions of everyone interested in and following the energy sector were taken, and this process was completed in a completely transparent manner, in full view of the public. The regulation in question, which was finalized with the contributions of our citizens, was discussed and accepted by our Board and then published in the Official Gazette and entered into force. As can be seen, there is no such thing as issuing a regulation overnight and distributing pre-licenses quietly. Between November 19, 2022, and September 28, 2023, 5,968 applications were made to our institution. During the pre-licensing process, EMRA frequently informed the public, and the interest of investors in this field was shared with the public. The 5,968 applications in question were made by approximately 1,500 different companies. The applications received in order were meticulously evaluated by our institution, and 663 pre-licenses were granted to 263 companies that completed their preparations without any deficiencies."

Responding to the claims that "The EMRA administration only accepted online applications to give pre-licenses to their relatives. Investors who wanted to prepare their documents were not given enough time," the statement emphasized that it is known by all industry players that pre-license applications to EMRA have been made online since May 2019, when the subject of storage investments was not even on the agenda, and that the documents requested during the pre-licensing process have been on the EMRA website for over 10 years.

"WITH THIS COMMENT, THE CLAIMANT HAS SHOWN THAT THEY ARE UNAWARE OF THE ENERGY SECTOR"

The statement, which expressed that there was no question of EMRA doing any secret business or favoring certain circles in this regard, noted that all applications were received in order with the principle of institutional neutrality, without any discrimination. Regarding the claims that “EMRA exceeded its authority by granting pre-licenses for wind/solar power plants with storage with the regulation change on November 19. The Minister of Energy went to a new tender because he was angry about this situation,” the statement included the following:

“There is absolutely no exceeding of authority in the pre-licensing process for wind/solar power plants with storage, which was assigned to our institution by the law that entered into force on July 5, 2022. The energy license allocation tender announced by our Ministry of Energy and Natural Resources in November has nothing to do with the pre-licensing process for wind/solar power plants with storage. The Ministry of Energy and Natural Resources conducts capacity allocation and YEKA tenders when it deems appropriate. In these tenders, the purchase guarantee and duration are determined within the scope of the tender. Furthermore, there is no purchase guarantee, price, or duration granted by our institution for wind/solar power plants with storage. Meanwhile, during the pre-licensing process, which was assigned to EMRA by law and began with the regulation change on November 19, 2022, our Minister of Energy and Natural Resources was Mr. Fatih Dönmez. During the tender process mentioned and announced in November, our Minister of Energy and Natural Resources is Mr. Alparslan Bayraktar. Therefore, with this comment, the claimant has shown that they are unaware of the energy sector.”

"THESE CALCULATIONS ARE COMPLETELY IMAGINARY"

In the statement, which also included the claim that “While Turkey can consume half of its installed capacity in electricity, EMRA has decided to increase the installed capacity in electricity,” it was conveyed that the sources for which it is claimed that a decision was made to increase the installed capacity are ‘domestic and renewable energy sources’ and that these sources contribute to reducing foreign dependency in energy.

The statement, which included the claim that “The EMRA administration, realizing that the President would leave, hastily distributed pre-licenses within the scope of a 6 dollar-cent license tariff. This figure could have been 3.375 dollar-cents. Because of this difference, a bill of 129.6 billion dollars will be paid for electricity within 30 years. Could this figure have been 56 billion dollars lower? The EMRA administration made a 56 billion dollar windfall,” continued as follows:

“The 6 dollar-cent tariff determined by the Presidential Decree published in the Official Gazette on May 1, 2023, was not determined by EMRA. As even those with a minimal interest in the energy sector would know, the mentioned regulation covers the prices and durations to be applied for electricity generation facilities based on renewable energy sources with YEK Certificates that will enter operation between 01/07/2021 and 31/12/2030. Determining these prices and durations is not within EMRA's scope of duty, and EMRA does not have the authority to determine prices and durations in this area. The term 30 years is not included in the Presidential decree, which is accessible to everyone, and the duration to be applied is regulated as 10 years. In addition, a tariff has been regulated in the decree ranging from 4.95-6.05 dollar-cents for wind and solar, and 5.85-7.15 dollar-cents for wind and solar with storage, along with update formulas. In the tender to be held by the Ministry of Energy and Natural Resources within the scope of YEKA projects, the base price was determined as 3.25 dollar-cents for solar and 3.5 dollar-cents for wind, and the ceiling price for both was determined as 5.50 dollar-cents. In light of this information, these calculations of 129.6 billion dollars and 56.7 billion dollars are completely imaginary. It is understood that these figures were reached with non-existent 30-year purchase periods and incentives. Meanwhile, there is no purchase guarantee given by EMRA; it should not be forgotten that no regulatory institution gives/can give a purchase guarantee; it does not have such authority. Our institution has not given such a guarantee to any investor, and it is not possible for it to do so.”

A LAWSUIT FOR PECUNIARY AND NON-PECUNIARY DAMAGES WILL BE FILED

On the other hand, it was stated that the legal process, including a lawsuit for pecuniary and non-pecuniary damages, has been initiated against the individuals who made the allegations against the EMRA President and its administrators.

News Source: 12punto