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Legal ReviewANEXCLUSIVE SELLING CONTRACTS

February 24, 20150

With the law enacted in 9.11.2007, nuclear power plant construction and operation issues and principles of energy sales produced therein have been regulated.

According to the new Law, the process for nuclear power plant establishment is to be initiated by the Minister. TAEK (Turkish Atomic Energy Authority) shall publish criteria for the companies which may build and operate nuclear power plant. Matters such as choise of compatible companies, licence price, production capacity, receivable quantity of energy shall be regulated with by-laws. Companies meeting the requirements shall be certified by TAEK. The approval of Council of Minister is required for undersigning a contract with the successful bidder company. Then, the approved company is to be licenced by EPDK (Energy Market Regulatory Authority).

Pursuant to the framework of the agreement between the chosen company and TETAŞ (Turkish Elektricity Trade and Contraction Corporation) the energy produced by the chosen company shall be purchased by TETAŞ.

In case the relevant Ministry charges, the public companies shall also build nuclear power plants, make investments abroad or participate in joint-venture investments.

The draft of the new Law was subject to the objection of the previous Turkish President Mr. Sezer. Besides, even after the enactment, the leading Turkish environmentalist organisations are declaring their concerns and oppositions.

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