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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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51b9fcd0e08631313233373432.html

BN 830-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 830, 2013 the MINISTRY of ENERGY and MINERAL RESOURCES. Electric Power. PT PLN. Photovoltaic Solar Power Plant. Purchase.
REGULATION of the MINISTER of ENERGY and MINERAL RESOURCES of the REPUBLIC of INDONESIA number 17 by 2013 ABOUT PURCHASING POWER by STATE ELECTRICITY COMPANY PT (PERSERO) of PHOTOVOLTAIC SOLAR POWER PLANT with the GRACE of GOD ALMIGHTY the MINISTER of ENERGY and MINERAL RESOURCES of the REPUBLIC of INDONESIA, Considering: a. that in order the acceleration of the achievement of the level of utilization of new energy and renewable energy in the national energy mix , the need to encourage the utilization of solar energy for electric power generation;
b. that based on considerations as referred to in letter a, the need to set a regulation of the Minister of energy and Mineral resources on the purchase of electric power by State electricity company PT (Persero) of Photovoltaic Solar power plant;
Remember: 1. Act No. 19 of 2003 about State-owned enterprises (State Gazette of the Republic of Indonesia number 70 in 2003, an additional Sheet of the Republic of Indonesia Number 4297);
2. Act No. 30 of 2007 about energy (Gazette of the Republic of Indonesia Number 96 in 2007, an additional Sheet of the Republic of Indonesia Number 4746);
3. Act No. 30 of 2009 about the Ketenagalistrikan (State Gazette of the Republic of Indonesia Number 133 in 2009, an additional Sheet of the Republic of Indonesia Number 5052);
4. Government Regulation number 14 in 2012 about the business activities of the electric power Supply (Gazette of the Republic of Indonesia Number 28 in 2012, an additional Sheet of the Republic of Indonesia Number 5281);
5. the presidential Regulation No. 5 of 2006 about a national energy policy;
6. Presidential Decree number 59/P in 2011;
7. Regulation of the Minister of energy and Mineral resources of number 18 in 2010 about the Organization and the Work of the Ministry of energy and Mineral resources (news of the Republic of Indonesia year 2010 Number 552);
Decide: define: REGULATION of the MINISTER of ENERGY and MINERAL RESOURCES on the PURCHASE of ELECTRIC POWER by STATE ELECTRICITY COMPANY PT (PERSERO) of PHOTOVOLTAIC SOLAR POWER PLANT.
CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the Minister, is: 1. Photovoltaic Solar power plant hereinafter referred PLTS Photovoltaic power plant which is changing the solar energy into electricity using photovoltaic modules.
2. Quota capacity of Photovoltaic PLTS that hereafter Quota Capacity is the maximum capacity of the Photovoltaic diinterkoneksikan PLTS can on a system/subsystem of electric power network belonging to the State electricity company PT (Persero).
3. Quota capacity Auction Committee hereinafter referred to as the Committee of the auction is the Committee that was formed in order to carry out the process of Photovoltaic Capacity Quota auction PLTS.
4. Auction Documents is a document that contains an information package and the Photovoltaic Capacity Quota auction PLTS prepared by the Committee for the auction.
5. Offer Document is a document that proposed to follow the auction Capacity Quota PLTS Photovoltaic fits the requirements set out in the document of the auction.
6. the Minister is the Minister of the organizing Affairs of the Government in the field of ketenagalistrikan and new energy, renewables, and energy conservation.
7. The Director-General of the new energy, Renewables, and energy conservation are hereinafter referred to as the Director-General who is Director of the EBTKE carry out and be responsible for the formulation and implementation of policies and technical standards in the fields of new energy, renewables, and energy conservation.
8. The Director General Director General hereinafter referred to as the Ketenagalistrikan Ketenagalistrikan is the Director General implement tasks and is responsible for the formulation and implementation of policies and technical standards in the field of ketenagalistrikan.
Article 2 (1) in order to meet the needs of the national electric power through the utilization of solar energy that is environmentally friendly, the Government commissioned the State electricity company PT (Persero) to buy electricity from Photovoltaic PLTS.
(2) the purchase of electricity from Photovoltaic PLTS as referred to in subsection (1) based on the bidding Quota capacity.
(3) the State electricity company PT (Persero) is obligated to purchase the entire power generated from Photovoltaic PLTS from corporately designated as the winner of the auction Capacity Quotas.
(4) the business entity as referred to in paragraph (3) may be in the form of State-owned enterprises, regional-owned enterprises, private businesses incorporated the laws of Indonesia, and cooperative endeavour in the field of the provision of electric power.
CHAPTER II the PURCHASE PRICE of ELECTRICAL POWER FROM PHOTOVOLTAIC PLTS article 3 (1) the purchase of electricity from Photovoltaic PLTS as referred to in article 2 for all installed capacity was set with the highest benchmark price of US $25 cents/kWh (twenty-five cent United States dollar per kilo watt hour).
(2) the purchase of electrical power referred to in subsection (1), if the use of photovoltaic modules Photovoltaic PLTS with component level in the country at least 40% (forty per cent), given incentives and set with the highest benchmark price of US $30 cents/kWh (thirty United States dollars cents per kilo watt hour).
(3) provisions on component level in the country was carried out in accordance with the provisions of the legislation.
(4) the Director General EBTKE verifying the implementation of the use of photovoltaic modules with component level in the country at least 40% (forty per cent) referred to in subsection (2).
(5) in case the results of the verification of the declared implementation of photovoltaic modules with the use of the component level in the country of less than 40% (forty percent), then the determination of the capacity of the Quota was canceled.
Article 4 the highest benchmark price referred to in article 3 is included the entire cost of the interconnection of the PLTS Photovoltaic to the point of interconnection in the electricity network of the State electrical Company, PT (Persero).

CHAPTER III SUPPLY QUOTA CAPACITY of PLTS is considered part of the PHOTOVOLTAIC Capacity Quotas article 5 (1) Director General EBTKE delivered the quantity Quota plan Capacity to the Director of the State electricity company of PT (Persero).
(2) the Director of the State electricity company PT (Persero) proposed a Capacity Quota details according to the needs of the local ketenagalistrikan system by observing the number of quota as referred to in paragraph (1) to the Director-General of EBTKE, at least sixty (60) days after the quota quantities delivered Capacity.
(3) the Director General EBTKE set Quota Capacity taking into account the proposals of the details of Quota Capacity referred to in paragraph (2) at the beginning of the year.
The second part of the quota Bidding Mechanism capacity of article 6 (1) Director General EBTKE offers Quota Capacity to business entities in accordance with the determination of the capacity of the Quota referred to in article 5 paragraph (3), with the highest benchmark price referred to in article 3.
(2) Deals with the benchmark price Capacity Quota as referred to in subsection (1) is done through the mechanism of public auction.
(3) in the case of public auctions as referred to in paragraph (2) was followed by only one (1) business entities, then the auction time period extended for 7 (seven) working days.
(4) in the event of renewal term auctions as referred to in paragraph (3) has expired and still followed by one (1) business entities, then the auction process is continued.
Article 7 (1) in the exercise of a public auction as stipulated in article 6 paragraph (2), the Director-General of EBTKE has a duty: a. establish the Committee whose membership totaled gasal Auction and at least amount to 5 (five) persons comprising a representative of the Directorate General, Directorate General of Ketenagalistrikan new energy, Renewables, and energy conservation, the State electrical Company and PT (Persero); b. give approval of Documents prepared Auction Auction Committee; and c.  establish a business entity the winner of the auction.
(2) the duties of the Committee the auction as mentioned in subsection (1) letter a include the following: a. prepare documents of Auction;

b. scheduling and announcing the implementation of the auction;

c. conduct evaluation of incoming supply;

d. proposed prospective auction winner; and e. make the news event the results of the implementation of the auction.
The third part the requirements of the Public Auction of quotas article 8 Capacity (1) Capacity Quota auction Participants can be followed by a business entity.

(2) within one (1) package auction, one (1) business entities may only participate in one (1) Consortium.

Article 9 (1) a business entity that can follow the auction process Quota Capacity must meet the requirements of the administrative, technical, and finance.
(2) Administrative Requirements referred to in subsection (1) at least include the following: a. the integrity Pact;

b. the identity of the applicant/certificate of establishment business entity;

c. profile of the business entity;

d. Number of tax Payer; and e. a letter agreement partnership/cooperation operation, in the shape of the Consortium.
(3) the technical requirements referred to in subsection (1) at least include the following: a. location plan of development that has been taking into account technical requirements of connection that is equipped with maps and location coordinates; b. schedule of implementation of the development of PLTS as well as Photovoltaic schedule Commercial Operation Date (COD) PLTS Photovoltaic;

c. projected production and sale of electricity for 20 (twenty) years;

d. work plan and budget;

e. a detailed architecture (Detailed Engineering Design) PLTS Photovoltaic;

f. list of experts in the field of Photovoltaic PLTS, preferred that technical operational PLTS Photovoltaic with show experience in the field of development of PLTS Photovoltaic; g. implementation of the organizational structure of development;

h. technical specifications include Photovoltaic capacity and PLTS type of solar module;

i. letter of support for photovoltaic module manufacturer and inverter;
j. when using imported products is obligated to attach an affidavit that photovoltaic module and inverter used imports have met the international standards as evidenced by certificate products from independent certification agencies; k. when using domestic products is obligated to attach: l.   recapitulation form calculation of the component level in the whole country for PLTS Photovoltaic;
1. a statement that the photovoltaic modules and inverters used domestic products have met the technical standards in force in Indonesia as evidenced by certificate product test results of the test; and 2. affidavit of use of domestic products to component in addition to the main components that meet national standards.
(4) Financial Requirements as referred to in subsection (1) at least include the following: a. financial statements that have been audited by a public Accountant unless the new company by attaching financial statements;
b. bank guarantee in the form of a guarantee of an offer of 2% (two percent) of the total value of investment banks are State-owned enterprises or the main bank (prime bank) based in Jakarta;
c. waiver of his opening a shared account (escrow account) on behalf of the Directorate General of new energy, Renewables, and energy conservation with business entities by 20% (twenty percent) of the total construction investment PLTS Photovoltaic at least 15 (fifteen) working days after being assigned as the auction winner by Director EBTKE.
The fourth part 1 Public Auction Procedure Paragraph General article 10 Bidding Documents should be uploaded through the website auction application Quota Capacity electronically.

Article 11 (1) Bidding Documents referred to in article 10 uploaded in 1 (one) stage consisting of two cover, include: a. the cover I contains requirements for administrative, technical, and finance; and b. the cover II contains a price quote. (2) the evaluation of the supply quota systems utilizing capacity assessment threshold and the lowest prices.
(3) the lowest price as referred to in paragraph (2) is the lowest electricity sale price offered by the participants of the auction, expressed in cents US dollars per kiloWatt-hour (US $/kWh).
Paragraph 2 of article 12 of the General Auction Stages Stages public auction include: a. announcement of the auction;

b. registration and Documents download Auction;

c. Awarding an explanation;

d. Upload Document Deals;

e. Opening and evaluation Documents Offer the cover the cover I and II;

f. Evidentiary;

g. Determination and announcement of the winner of the auction; and h.-Period.

Article 13 (1) in the framework of the quota auction capacity of Photovoltaic, Director General EBTKE PLTS first announced plans for the construction of Photovoltaic PLTS through print or electronic media.
(2) the auction Organizers announced the auction Capacity Quota PLTS Photovoltaic as referred to in subsection (1) at least at the website of the Directorate General of new energy, Renewables, and energy conservation, and on the Bulletin Board of the Office of the Directorate General of new energy, Renewables, and energy conservation.
(3) the announcement of the auction Capacity Quota as referred to in paragraph (2) contains at least: a. the location and capacity of the Photovoltaic dilelangkan PLTS quota;

b. requirements of the participants;

c. registration and website address/Document downloads Document downloads as well as Auction Bidding; and d. schedules the execution of auctions. (4) Auction is announced at least fourteen (14) calendar days.

Article 14 (1) of the participants of the auction registration from the date the announcement as referred to in article 13 paragraph (2) until at the latest 1 (one) day before the deadline for Bidding Document upload.
(2) Participants of the auction after registration can download Documents from the date of registration the auction up to 1 (one) day before the deadline for Bidding Document upload.
Article 15 (1) the Committee deems the auction Auction Documents online.
(2) an explanation of the document the auction conducted 5 (five) working days since the date of the announcement of the auction Capacity Quota PLTS Photovoltaic first day. (3) compulsory Auction Organizers delivering answers to questions concerning the content of documents of auction.

(4) Auction Committee made the News Event the giving explanations.

Article 16 (1) upload of Documents Offer consists of: a. administrative document contains a cover of I, technical documents, and financial documents as referred to in article 9; and b.  Cover II contains the documents quote a price.
(2) Participants to upload Documents Offer the fastest one (1) day after the grant of the explanation until the deadline for Bidding Document upload.
Article 17 (1) the Committee of the auction opening Bid Documents cover of I on the same day as soon as the Upload Document deadline for bidding.
(2) the auction Committee to evaluate the offer Document Cover I based on the evaluation of the administrative, technical, and finance. (3) the Committee of the auction make Bid Document opening event News Cover i. (4) Auction Committee to evaluate and make a News Event Evaluation Documents Offer the cover I for a period of at least 10 (ten twenty) days from the date of the deadline for the offer Document upload.
(5) the auction Committee made a list of participants who qualify for the bidding Document Covers evaluation I based on threshold assessment system.
Article 18 (1) the Committee of the Auction Bidding open documents cover II which contains a price quote for participants who qualify for selection of appraisal system thresholds referred to in article 17 paragraph (5).
(2) the auction Committee to evaluate the offer Document Cover II and made the News Event evaluation Document Deals Cover II. (3) the auction Committee compiled a ranking of the participants of the auction based on the lowest price quote.

Article 19 (1) Auction Committee invites the three (3) business entities the lowest bidder auction participants appropriate ranking as stipulated in article 18 paragraph (3) to perform authentication and/or clarification. (2) Evidentiary Documents Offer made on the cover the cover I and II.
(3) Evidentiary Documents Offer the cover I done by looking at the original or a copy of a document legalised by authorities, and asked for a copy. (4) if the results of the proof of the existence of data falsification, found participants of the auction is declared to fall.

(5) the Proof is done more than 5 (five) working days since the news of the event Cover Bidding Document Evaluation II.
(6) the lowest bidder bidder cannot prove the authenticity of the document's data Offerings within the period referred to in subsection (5) is revealed. (7) the results of the implementation of proof conceived in the News Event the results of proof.

Article 20 (1) Auction Committee delivered a list of ranked results auction winners to Director EBTKE.

(2) Director General EBTKE set the winner of the auction.
(3) Upon the determination of the winner of the auction as mentioned in subsection (2), the organizers of the auction website auctions announced the winner of the auction application Quota capacity.
Article 21 (1) participants who enter the bidding Document can convey a disclaimer in writing upon the announcement of the winner of the auction to the Director-General of EBTKE for a period of at least 5 (five) working days after the announcement of the winner of the auction accompanied by evidence of the occurrence of irregularities.
(2) the disclaimer may be brought by the participants of the auction either individually or together with other participants in the event of irregularities of procedure.
(3) the Director General EBTKE required to provide written answers for all of the disclaimer at the latest 5 (five) working days after receiving the letter of disclaimer.
Section 22 (1) Director General EBTKE declared the auction failed when a disclaimer from the auction participants who enter the Bidding Document that States the Committee the auction does not implement procedures of the auction turns out to be true. (2) after the auction is declared to fail, then the auction Organizers inform all participants of the auction.

CHAPTER IV IMPLEMENTATION of the ASSIGNMENT of the PURCHASE of ELECTRIC POWER COMPANY to PT PLTS PHOTOVOLTAIC POWER STATE (PERSERO) is considered part of the procedures for assignment of Article 23 (1) the winner of the auction business entity should convey to the Director-General of EBTKE concerning the proof of execution of development funds setor PLTS Photovoltaic through shared account (escrow account) on behalf of the Directorate General of new energy, Renewables, and energy conservation with business entity as referred to in article 9 paragraph (2) Letter c on the banks are State-owned enterprises or the main bank (bank prime) who is domiciled in Jakarta at least 15 (fifteen) working days since the determination of the winner of the auction by the Directorate General of EBTKE.
(2) a business entity can use the funds deposited as intended in paragraph (1) for the needs of the investment construction of Photovoltaic PLTS after reaching the settlement funding (financial close).
Article 24 the Director EBTKE convey the determination of the winner of the auction as stipulated in article 20 that have been depositing funds the implementation of the development of PLTS Photovoltaic as referred to in article 23 and to the Minister in particular the Director General Ketenagalistrikan to process the proposed assignment of purchase electric power Company to PT PLTS Photovoltaic Power State (Persero).

Article 25

(1) the Minister publishes a letter assignment of purchase electric power Company to PT PLTS Photovoltaic Power State (Persero) as stipulated in article 24 with a copy to the Minister of State-owned enterprises.
(2) a letter of Assignment referred to in subsection (1) applies as the approval of the purchase price of electricity by State electricity company PT (Persero).
Article 26 (1) the purchase price of electricity as stipulated in article 25 paragraph (2) is the result of the auction is final.
(2) the purchase price of electrical power referred to in subsection (1) applied in electric power purchase agreement from PLTS Photovoltaic and valid for 20 (twenty) years.
(3) power purchase agreement referred to in subsection (2) may be extended, including pricing in accordance with the provisions of the legislation.
Article 27 of the State electricity company PT (Persero) in writing within sixty (60) days after the assignment of the purchase of electricity from Photovoltaic PLTS is obligated to sign the power purchase agreement and report on its implementation to the Director-General of EBTKE.

Article 28 to speed up the implementation process of buying and selling electricity Photovoltaic PLTS as stipulated in article 2, the State electricity company PT (Persero) is required to make the standard power purchase agreement from PLTS Photovoltaic.

The second part of the obligations of the winner of the auction business entities Article 29 (1) compulsory auction winner corporately achieve settlement funding (financial close) for a period of not longer than three (3) months after the signing of the power purchase agreement.
(2) compulsory auction winner businesses start doing development activities the longest Photovoltaic PLTS 3 (three) months after completion of the funding (financial close).
Article 30 (1) the winner of the auction business entities which do not satisfy the conditions as referred to in article 29 paragraph (1) or paragraph (2) administrative penalties in the form of a written warning.
(2) a written Warning as referred to in subsection (1) is given by the Director-General of EBTKE at most three (3) times within the period of warning each 1 (one) month.
(3) a written Warning as referred to in subsection (1) is granted based on the proposals of the State electricity company PT (Persero) or based on the evaluation by the Director-General of EBTKE.
Article 31 in terms of winning the auction business entity that gets the sanctions warning is written after the end of the third period a written warning yet to carry out its obligations, then the assignment to PT Perusahaan Listrik Negara (Persero) to buy electricity from a business entity the winner of the auction is over.

Article 32 in terms of assignment to the State electricity company PT (Persero) ends as stipulated in article 31 then: a. electric power purchase agreement between State electricity company PT (Persero) and business entities over;
b. the Director-General to propose to the Minister of EBTKE in particular the Director General Ketenagalistrikan to set the assignment of the purchase of electric power to the State power company PT (Persero).
Article 33 (1) the execution of the construction of the PLTS Photovoltaic business entity by the winner of the auction, the mandatory reach commercial operation date (COD) at the latest within a period of 18 (eighteen) months from the signing of the power purchase agreement between State electricity company PT (Persero) and business entities.
(2) implementation of a Photovoltaic PLTS development did not reach commercial operation date (COD) as referred to in paragraph (1), can be given an extension within 12 (twelve) months and will be subject to a decrease in power purchase price with the following conditions: a. the delay up to 3 (three) months imposed price reductions of 3% (three percent);
b. delays of more than 3 (three) months up to 6 (six) months are subject to a price reduction of 5% (five per cent);
c. delay more than 6 (six) months up to 12 (twelve) months are subject to a price drop of 8% (eight percent).
(3) if the activity referred to in subsection (1) and paragraph (2) fails to be implemented by the business entity, then the assignment to PT Perusahaan Listrik Negara (Persero) ends and power purchase agreement between State electricity company PT (Persero) and business entities over.
Chapter V CLOSING PROVISIONS Article 34 this Ministerial Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on June 12, 1995 the MINISTER of ENERGY and MINERAL RESOURCES of the REPUBLIC of INDONESIA, JERO WACIK Enacted in Jakarta on June 12, 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();