Concession agreement in the energy sector: Çukurova-Kepez case

ASLAN, Erol, "Concession Agreement in the Energy Sector: Çukurova-Kepez Case", Master Thesis, Ankara, 2010The history and change of the implementation of concession in Energy Sector, concrete examples of the implementation of concession agreement in the sector: implementation of ÇEAŞ-KEPEZ Concession Agreement, complience of the agreements with the prevailing principles of concession procedure emerging issues in implementation of contracts the efficiency of the energy sector concessions method and abortion of the concessions by administration and the progress of Termination of concession contract are the purpose and the scope of this studyÇEAŞ-KEPEZ Concession Agreements are unique examples of the practise of 1326 Act, in public service concession which is one of the contractual methods of Public services provided by private individualsIn our country 1980 until the energy industry application ÇEAŞ and KEPEZ concession contracts are limited to the concession method, in this period, particularly in the energy sector, which introduced the Build-Operate-Transfer contracts in the context of re-discussion was introduced. ÇEAŞ and KEPEZ in the private law provisions applicable as the name 'concession contract if not the 1988 Build-Operate-Transfer contract signed, but the Constitutional Court and the State Council in accordance with the model subject to private law contracts signed in the dependent on the concession agreement has been decided. This constitutional amendment in 1999 on the privatization of public services in terms of law on contracts with private individuals and legislators authorized the settlement of disputes arising from concession contracts can be applied in the possibility of arbitration.Concession contracts concluded with ÇEAŞ and KEPEZ the companies were gıven consessıons and mission for generating, transmitting and distributing electricity. The administration is given superior rights and privileges because of it is primarily responsible and liable on public services.ÇEAŞ and KEPEZ could not succeed in of generating, transmitting and distributing electricity as concession contracts and determined by the Law No. 3096. Although these companies are liabile for generating, transmitting and distributing electricity, they became fınancial company of the group they take place in and they caused electricity shortages by not making investments on the areas which needs electricity service in their mission areas.