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Regulation Of The Minister Of Energy And Mineral Resources No. 17 By 2013

Original Language Title: Peraturan Menteri Energi Dan Sumber Daya Mineral Nomor 17 Tahun 2013

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STATE NEWS
REPUBLIC OF INDONESIA

No. 830, 2013 MINISTRY OF ENERGY AND MINERAL RESOURCES. Power. PT PLN. Photovoltaic Solar Power Station.

REGULATION OF MINISTER OF ENERGY AND MINERAL RESOURCES
REPUBLIC OF INDONESIA
Number 17 YEAR 2013
ABOUT
ELECTRIC POWER PURCHASE BY
PT THE STATE ELECTRIC COMPANY (PERSERO)
OF THE PHOTOVOLTAIC SOLAR POWER PLANT

WITH THE GRACE OF THE ALMIGHTY GOD

MINISTER OF ENERGY AND MINERAL RESOURCES REPUBLIC OF INDONESIA,

Weigh: a.  that in order to accelerate the achievement of new levels of energy utilization and renewable energy in the national energy bauran, it is necessary to encourage the utilization of solar energy for the generation of electric power;
B. that based on the consideration as intended in the letter a, it needs to establish the Regulation of the Minister of Energy and Mineral Resources on the Purchase of Electric Power by PT of the State Electric Company (Persero) of the Solar Power Plant Photovoltaic;

Given: 1.  Law No. 19 of 2003 on the State-owned Enterprises (State of the Republic of Indonesia Year 2003 Number 70, Additional Gazette of the Republic of Indonesia No. 4297);
2. Law Number 30 Year 2007 on Energy (Sheet State Republic Indonesia Year 2007 Number 96, Additional Sheet Republic Of Indonesia Number 4746);
3. Act No. 30 Year 2009 on the Serenisagalistrikan (leaf of State of the Republic of Indonesia Year 2009 Number 133, Additional Gazette of the Republic of Indonesia Number 5052);
4. Government Regulation No. 14 Year 2012 on the Activities of the Provision Of Electric Power (State Sheet Of The Republic Of Indonesia In 2012 Number 28, Additional Sheet Of State Republic Of Indonesia Number 5281);
5. Presidential Regulation No. 5 of 2006 on National Energy Policy;
6. Presidential Decree Number 59 /P Year 2011;
7. Ordinance of the Minister of Energy and Mineral Resources No. 18 of 2010 on the Organization and the Working Governance of the Ministry of Energy and Mineral Resources (State News Indonesia of 2010 Number 552);

DECIDED:

Establish: The Regulation Of The Minister Of Energy And Mineral Resources About The Purchase Of Electric Power By The Pt Of The State Electric Company (Persero) Of The Photovoltaic Solar Power Plant.

BAB I
UMUM CONDITIONS
Section 1
In this Minister ' s Rule, which is referred to:
1. The next Solar Photovoltaic Power Plant called the Photovoltaic Power Plant is a power plant that converts solar energy into electricity by using photovoltaic modules.
2. The next generation of Photovoltaic PLTS Capacity called Capacity Kuota is the maximum number of Photovoltaic PLTS capacity that can be interconnected on a system/subsystem of the State Electric Power Company (Persero) power grid.
3. The next Capacity quota auction committee called the Committee for the Auction was a committee set up in order to implement the process of the Photovoltaic PLTS Capacity of the Kuota.
4. The auction document is a document containing information packages and the layout of the Kuota auction of Photovoltaic PLTS Capacity prepared by the Committee on Auction.
5. Quote Document is a document submitted to follow the auction of the Photovoltaic PLTS Capacity Capacity per the requirements set forth in the Document of Auction.
6. The Minister is the minister who organizes government affairs in the field of new, renewable, renewable energy, and energy conservation.
7. Director General of New Energy, Renewable Energy, and Energy Conservation next called Dirjen EBTKE is the director general of carrying out the duties and responsible for the formulation and implementation of the policy and technical standardization in the field new energy, renewable, and energy conservation.
8. The next Director General of the Peace of Fame is Director-General who carries out the task and is responsible for the formulation and implementation of technical policies and standardization in the field of notoriety.

Article 2
(1) In order to meet the needs of the national power power through the utilization of eco-friendly solar energy, the government commissioned PT Corporate Electricity Negara (Persero) to purchase electric power from Photovoltaic PLTS.
(2) The purchase of electric power from Photovoltaic PLTS as referred to in paragraph (1) based on the Capacity Kuota offering.
(3) The State Electric Company (Persero) is obliged to buy the entire electrical power generated from the Photovoltaic PLTS of the venture body set as the winner of the Capacity Kuota auction.
(4) The business entity as referred to in verse (3) may be a state-owned entity, an entity owned by a local entity, a private business entity that is the legal entity of Indonesia, and a cooperative that seeks to provide electricity.

BAB II
ELECTRIC POWER PURCHASE PRICE
FROM PHOTOVOLTAIC PLTS
Section 3
(1) The purchase of electric power from the Photovoltaic PLTS as referred to in Section 2 for all installed capacity is set at the highest benchmark price of US$ 25 cents/kWh (twenty-five U.S. dollars per kilo) Watt hour).
(2) The purchase of electric power as referred to in paragraph (1), if Photovoltaic PLTS uses a photovoltaic module with a domestic component level of at least 40% (forty percent), provided an incentive and specified with the highest benchmark price of US$ 30 cents/kWh (thirty cents of the United States dollars per kilo watt hour).
(3) The terms of the domestic component are executed in accordance with the provisions of the laws.
(4) Dirjen EBTKE performs verification against the execution of the use of photovoltaic modules with a domestic component level of at least 40% (forty percent) as referred to in paragraph (2).
(5) In terms of verification stating the implementation of the use of photovoltaic modules with domestic component level of less than 40% (forty percent), then the Capacity Kuota designation is cancelled.

Section 4
The highest benchmark price as referred to in Article 3 already includes the entire interconnect cost of the Photovoltaic PLTS to the interconnect point in the electric power network PT of the State Electric Company (Persero).

BAB III
CAPACITY QUOTA OFFER
PHOTOVOLTAIC PLTS
The Kesatu section
Capacity quota
Section 5
(1) Dirjen EBTKE delivered the magnitude of the Capacity Kuota plan to the Principal Director PT of the State Electricity Company (Persero).
(2) The Principal Director of PT Corporate Electricity Company (Persero) proposes the details of the Capacity Kuota according to the needs of the local system of notoriality by paying attention to the number of quotas as referred to by paragraph (1) to EBTKE, at least 60 (sixty) days after the capacity of the Capacity Kuota is delivered.
(3) Dirjen EBTKE establishes the Capacity Kuota by considering the proposed details of the Capacity Kuota as referred to in paragraph (2) at the beginning of the year.

Second Part
Capacity Quota Offering Mechanism
Section 6
(1) Dirjen EBTKE offers the Capacity Kuota to the entity in accordance with the designation of Capacity Kuota as referred to in Article 5 of the paragraph (3), with the highest benchmark price as referred to in Article 3.
(2) The Capacity Kuota Offering at the benchmark price as referred to in paragraph (1) is conducted through the mechanism of the general auction.
(3) In the event of a general auction as referred to in paragraph (2) only followed by 1 (one) business entity, then the term of the auction period is extended over 7 (7) business days.
(4) In the case of an extension of the auction as referred to in verse (3) has ended and remains followed by 1 (one) enterprise, then the auction process is resumed.

Section 7
(1) In carrying out a general auction as referred to in Article 6 of the paragraph (2), the Dirjen EBTKE has the task:
a.   forming the Committee for the Auction of Auction, whose membership is gasal and at least 5 (five) a person composed of representatives from the Directorate General of Fame, General Directorate of New Energy, Renewable Energy, and Conservation of Energy, and PT. The State Electric Company (Persero);
B.   gave approval of the Auction Documents set up for the Auction Committee; and
c. set the auction-winning body of the auction.
(2) The task of the Auction Panitia as referred to in paragraph (1) of the letter is included:
a. preparing the Auction Document;
B. draw up the schedule and announce the execution of the auction;
c. conduct an evaluation of the incoming offer;
D. propose an auction-winning candidate; and
e. Making news for the event of the auction.

Third Part
The General Auction Quota Requirement
Section 8
(1) Capacity Kuota auctions can be followed by an enterprise entity.
(2) In 1 (one) auction package, 1 (one) business entity can only participate in 1 (one) consortium.

Section 9
(1) The business entity that can follow the Capacity of Capacity Kuota process must meet the administrative, technical, and financial requirements.
(2) The administrative requirements as referred to in paragraph (1) are least included:
a. integrity pact;
B. identity of the applicant/acte establishment of the Entity;
c. enterprise body profile;
D. Mandatory Subject Number; and
e. The partnership agreement/cooperation agreement, if the form of a consortium.
(3) The technical requirements as referred to in paragraph (1) are least included:
a. development site plan which has taken into account the technical requirements of the connection equipped with map and location coordinates;
B.   schedule of implementation of Photovoltaic PLTS development as well as the Commercial Operation Date (COD) Photovoltaic PLTS schedule;
c. projected production and electricity sales for 20 (twenty) years;
D.   work plans and cost budgets;
e.   Detailed build design (Detailed Engineering Design) Photovoltaic PLTS;
f.   list of experts in the field of Photovoltaic PLTS, takes precede with the operational technical capability of Photovoltaic PLTS with demonstrated experience in the field of Photovoltaic PLTS development;
G.   the structure of the development implementation organization;
h.   Photovoltaic PLTS technical specifications include the capacity and type of the solar module;
i.    manufacturer support letters for photovoltaic and inverter modules;
J.   if using the mandatory import product attach a letter of statement that the imported photovoltaic module and inverter used have met the international standards evidenced by the product certificate of an independent certification agency;
No,   if using a country product is mandatory to attach:
I.    form recapitulation calculations in the domestic component for the overall Photovoltaic PLTS;
1. Statement of statement that photovoltaic and inverter products in the country used have met the technical standards applicable in Indonesia as evidenced by the certificate of product test results from the test agencies; and
2. Statement of statements using domestic products for components other than the main components that meet national standards.
(4) The financial requirements as referred to in paragraph (1) are least included:
a.   the financial statements that have been audited by Public Accountants except the new company by attaching financial statements;
B.   The guarantee of a bank warranty of 2% (two percent) of the total investment value of a bank owned by the State-owned Enterprises or a major bank (prime bank) based in Jakarta;
c. Statement of statement opening the joint account (escrow account) on behalf of the Directorate General of New Energy, Renewable Energy, and Conservation Energy with an enterprise body of 20% (twenty percent) of the total PLTS development investment Photovoltaic is the slowest 15 (fifteen) working days after it was set as an auction winner by Dirjen EBTKE.

Fourth Quarter
General Auction Procedure
Paragraph 1
General
Section 10
The Quote Document must be uploaded through website of the Capacity Kuota auction application electronically.

Section 11
(1) The Quote Document as referred to in Article 10 is uploaded in 1 (one) stage consisting of two covers, including:
a. cover I contains administrative, technical, and financial requirements; and
B. cover II contains a price offer.
(2) Evaluation of capacity quota offerings using the lowest price threshold and price rating system.
(3) The lowest price as referred to in verse (2) is the lowest selling price of electricity offered by the participants of the auction, expressed in the US Dollar per kiloWatt-hour (US$/kWh) unit.

Paragraph 2
General Auction Stage
Section 12
The general auction stage includes:
a. Announces the auction;
b. Registration and download of the Auction Document;
c. Giving explanations;
d. Offer of the Quote Document;
e. Opening and Evaluation of the I cover Offer Document and cover II;
f.   Proof;
g. Redemption and announcement of the auction winner; and
h. the time of the sanggah.

Section 13
(1) In order to auction the Kuota Capacity of Photovoltaic PLTS Capacity, Dirjen EBTKE first announced the planned development of the Photovoltaic PLTS through print or electronic media.
(2) The Committee of the Auction announced the auction of the Photovoltaic PLTS Capacity Kuota as referred to in paragraph (1) at least website of the Directorate General of New Energy, Renewable Energy, and Conservation of Energy, and on board the announcement of the Office of the Directorate General of New Energy, Renewable Energy, and Conservation of Energy.
(3) The announcement of the Capacity Kuota auction as referred to in paragraph (2) at least contains:
a. location and capacity of the photovoltaic PLTS quota to be stretched;
B. Participant's requirements;
C. address/website the registration and download of the Auction Document as well as the download of the Quote Document; and
D. Schedule for the auction.
(4) The auction was announced at least 14 (fourteen) calendar days.

Section 14
(1) The event of an auction performs since the date of the announcement as referred to in Section 13 of the paragraph (2) to the slowest of 1 (one) days prior to the end of the Quote Document.
(2) Auction participants after performing the registration can download the Auction Document from the date of registration up to 1 (one) days prior to the end of the Quote Document Upload deadline.

Section 15
(1) The Auction Committee provides an explanation of the Auction Document for online.
(2) The explanation of the Auction Document is conducted 5 (five) days of work since the date of the announcement of the auction of the Photovoltaic PLTS Capacity of the first day.
(3) The obligatory auction committee provides answers to questions concerning the contents of the Auction Document.
(4) The Auction Committee makes the News Explanation Show News.

Article 16
(1) The Quote Document Upload consists of:
a.   Cover I contain administrative documents, technical documents, and financial documents as referred to in Article 9; and
B.   Cover II contains a price offer document.
(2) Participants upload the quickest Bid Document 1 (one) days after the provisioning of the explanation until the end of the Quote Document upload.

Article 17
(1) The Auction Committee performs the opening of the First Cover Offer Document on the same day as soon as the end of the Quote Document Upload.
(2) The Auction Committee performs the evaluation of the Cover I Offer Document based on administrative, technical, and administrative evaluations.
(3) The Auction Committee makes the News Event Opening of the Cover Offer Document I.
(4) The Auction Committee performs an evaluation and makes the News Evaluation of the Cover of the Cover Document for the slowest of 10 (ten) days from the end of the date of the end of the Quote Document.
(5) The Auction Committee makes a list of participants who qualify for the evaluation of the Sampul I Offer Document based on the thresholds of the threshold assessment system.

Section 18
(1) The Auction Committee opens the cover Offering Document II which contains a price offer for participants who qualify for the selection of the threshold assessment system as referred to in Article 17 of the paragraph (5).
(2) The Auction Committee performs the evaluation of the Sampul II Offer Document and makes the News Event the evaluation of the Sampul II Offer Document.
(3) The auction of the auction compiled the rating of the auction participants based on the lowest price offer.

Article 19
(1) The Committee for the Auction invites 3 (three) of the lowest bidder auction participants in the ranking as referred to in Article 18 of the paragraph (3) to perform the proof and/or clarification.
(2) The booklet is done over the Quote Document I and Sampul II.
(3) The proof of the I Cover Offer Document is performed by viewing the original document or a copy legalized by the authorized party, and requesting a copy.
(4) If the results of the proof are found to be a data forgery, the auction participant is declared dead.
(5) The opening is performed at least 5 (five) days of work since the News Event Evaluation Document Cover of Sampul II.
(6) The lowest bidder auction participant who cannot prove the authenticity of the Quote Document data in the term as referred to in paragraph (5) is declared dead.
(7) The results of the implementation of proofs are compiled in News of the Opening Results.

Article 20
(1) The Committee of the Auction delivered a list of the winners rating of the auction to the Dirjen EBTKE.
(2) Dirjen EBTKE sets the winner of the auction.
(3) Based on the designation of the auction winner as referred to in verse (2), the Committee of Auction announced the winner of the auction at website of the application of the Capacity Kuota auction.

Section 21
(1) The participant who entered the Offer Document may address the sanggahan in writing of the announcement of the winner of the auction to Dirjen EBTKE in the slowest term 5 (five) business days after the announcement of the winner The auction is accompanied by evidence of a devi
(2) Sanggahan may be submitted by participants of the auction either individually and together with other participants in the event of procedure deviation.
(3) Dirjen EBTKE is required to provide written answers to all the slowest sanggahan 5 (five) workdays after receiving the disclaimer of the letter.

Section 22
(1) Dirjen EBTKE stated the auction failed if the sanggahan of the auction participant who included the Offer Document stating the Committee on the Auction did not carry out the auction procedure was correct.
(2) After the auction was declared a failure, then the Committee of Auction notified the participants of the auction.

BAB IV
IMPLEMENTATION OF THE PURCHASE ASSIGNMENT
ELECTRIC POWER PLTS PHOTOVOLTAIC TO
PT THE STATE ELECTRIC COMPANY (PERSERO)
The Kesatu section
Set The Task For The Task
Section 23
(1) The auction of the winner of the auction must convey to Dirjen EBTKE on the evidence of the sector of the conduct of the Photovoltaic PLTS development fund through a joint account (escrow acount) on behalf of the New Energy General Directorate, Renewable, and Energy Conservation with the business entity as referred to in Section 9 of the paragraph (4) of the letter c to the bank of the State-owned Enterprises or the principal bank (prime bank) which is based in Jakarta at least 15 (fifteen) days work since the assignment as the winner of the auction by Dirjen EBTKE.
(2) The business entity may use the funds referred to in paragraph (1) for the investment needs of the Photovoltaic PLTS after achieving a funding settlement (financial close).

Section 24
Dirjen EBTKE delivered the designation of the winner of the auction as referred to in Article 20 which has provided funding for the development of the Photovoltaic PLTS building as referred to in Article 23 to the Minister c.q. The Office of the Determination Jen of the Union for the United States. process of proposed purchasing power purchasing power PLTS Photovoltaic power to PT of the State Electric Company (Persero).

Section 25
(1) The Minister publishes a photovoltaic power purchase assignment letter to the State Electric Company (Persero) as referred to in Article 24 with the busan to the State Minister of State-owned Enterprises.
(2) The Assignment Letter as referred to in paragraph (1) applies as the approval of the purchase price of an electrical power by the State Electricity Company (Persero).

Section 26
(1) The purchase price of an electric power as referred to in Article 25 of the paragraph (2) is the result of an auction that is final.
(2) The purchase price of an electric power as referred to in paragraph (1) is poured in an electric power purchasing agreement of the Photovoltaic PLTS and applies for 20 (twenty) years.
(3) The purchase agreement of purchasing power power as referred to in paragraph (2) may be extended, including pricing in accordance with the provisions of the laws.

Section 27
PT The State Electric Company (Persero) in the longest period of 60 (sixty) days after the deployment of the power generation of the Photovoltaic PLTS to sign an electrical power-buying agreement and report its implementation. to the Dirjen EBTKE.

Section 28
To speed up the implementation process of purchasing the photovoltaic power plant as referred to in Article 2, PT Electric State Corporation (Persero) is required to make the standard of the purchase agreement of the photovoltaic power plant.

Second Part
Enterprise Liabilities
Winner of the Auction
Section 29
(1) The award-winning bid agency is required to achieve a funding settlement (financial close) in the most prolonged period of 3 (three) months after the signing of an electric power-selling agreement.
(2) The auction-winning effort agency is required to begin construction of the longest photovoltaic PLTS 3 (three) months after the funding completion (financial close).

Section 30
(1) the auction-winning business agency that does not comply with the provisions as referred to in Article 29 of the paragraph (1) or paragraph (2) is subjected to administrative sanction of a written warning.
(2) The written warning as referred to in paragraph (1) is provided by the Dirjen EBTKE at most 3 (three) times within the warning timeframe of each one (one) month.
(3) The written warning as referred to in paragraph (1) is given under the proposal of the State Electricity Company (Persero) or based on an evaluation by the General General of EBTKE.

Section 31
In the event of an auction-winning entity that receives written warning after the end of the third written warning, the assignment to the State Electric Company (Persero) is assigned to the end of the term. buy the electric power from the auction-winning effort agency is over.

Section 32
In terms of assignment to PT Corporate Electricity State (Persero) terminates as referred to in Article 31 then:
a.   the electric power purchase agreement between PT Corporate Electric Country (Persero) with the business entity expires;
b. Dirjen EBTKE proposed to Minister c.q. Dirjen of Fame to establish the assignment of the purchase of electric power to the new PT Company Electricity Company (Persero).

Article 33
(1) Implementation of Photovoltaic PLTS development by the auction-winning Effort, required to reach commercial operation date (COD) most slowly in the term of 18 (eighteen) months from the signing of the agreement Sell the electric power between the State Electric Company (Persero) with the business agency.
(2) Implementation of the non-achieving Photovoltaic PLTS development commercial operation date (COD) as referred to in paragraph (1), it can be extended at least 12 (twelve) months and will be subject to the following: is subject to a decrease in the purchase price of electric power with the following provisions:
a.   delay of up to 3 (three) months of decreased price by 3% (three percent);
B.   a delay of more than 3 (three) months up to 6 (six) months of a 5% (five percent) decrease in price;
c. The delay of more than 6 (six) months up to 12 (twelve) months is subject to a drop in price by 8% (eight percent).
(3) If the event is referred to in paragraph (1) and the paragraph (2) fails to be carried out by the entity, then the assignment to the State Electric Company (Persero) terminates and subsequently the agreement for the purchase of an electrical power is between the two (1) and the other. The State Electric Company (Persero) with the business entity is over.

BAB V
CLOSING PROVISIONS
Section 34
The Regulation of the Minister comes into effect on the date of the promulctest.

For each person to know it, order the invitation of the Order of the Minister with its placement in the News of the Republic of Indonesia.

Specified in Jakarta
on June 12, 2013
THE MINISTER OF ENERGY AND MINERAL RESOURCES
REPUBLIC OF INDONESIA,

JERO WACIK

It is promulred in Jakarta
on 12 June 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,


AMIR SYAMSUDIN