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Regulation Of The Minister Of Energy And Mineral Resources, Number 22 In 2012

Original Language Title: Peraturan Menteri Energi Dan Sumber Daya Mineral Nomor 22 Tahun 2012

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STATE NEWS
REPUBLIC OF INDONESIA

No. 850, 2012 MINISTRY OF ENERGY AND MINERAL RESOURCES. Assignment. A purchase. Power. PT PLN (PERSERO).

REGULATION OF MINISTER OF ENERGY AND MINERAL RESOURCES
REPUBLIC OF INDONESIA
No. 22 YEAR 2012
ABOUT
ASSIGNMENT TO PT STATE POWER COMPANY (PERSERO)
TO DO THE ELECTRIC POWER PURCHASE
FROM THE GEOTHERMAL POWER PLANT
AND THE BENCHMARK PRICE OF ELECTRIC POWER PURCHASES
BY PT THE STATE ELECTRIC COMPANY (PERSERO)
FROM THE GEOTHERMAL POWER PLANT

BY THE GRACE OF THE ALMIGHTY GOD

MINISTER OF ENERGY AND MINERAL RESOURCES REPUBLIC OF INDONESIA,

Weigh: a.  that in order to encourage the optimum development and utilization of geothermal in the supply of electricity, it needs to fine-tune the assignment to the State Electric Company (Persero) to make an electric power purchase. from the geothermal power plant and the benchmark price of the purchase of electric power derived from geothermal power plants as referred to in the Regulation of the Minister of Energy and Mineral Resources No. 02 of 2011;
B. that under consideration as referred to in the letter a and to carry out the provisions of Article 19 and Section 20 of the paragraph (1) of the Government Regulation Number 59 of 2007 on the Activities of the Geothermal Effort as amended by the Regulation of the Earth. Government Number 70 Year 2010, Article 39 paragraph (2) Government Regulation No. 14 Year 2012 on the Activities of the Electrical Supply Supply, as well as Article 3 of the Presidential Regulation No. 4 of 2010 on Assignment To PT of the State Electricity Company (Persero) To Do Accelerate The Construction Of A Power Plant That Uses Energy Renewable, Coal, and Gas as amended by the Presidential Regulation No. 48 of 2011, need to establish the Ordinance of the Minister of Energy and Mineral Resources on Assignment To The State Electricity Corporation (Persero) To Perform Purchase Of Electric Power From Earth 's Thermal Power Plant And The Price Of Electric Purchase Of Power By PT Corporate Electric Power Company (Persero) Of The Earth' s Heat Power Plant;

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. Act No. 27 of 2003 on the Geothermal (Sheet Of State Of The Republic Of Indonesia In 2003 Number 115, Additional Leaf Of State Republic Of Indonesia Number 4327);
3. Law Number 30 Year 2007 on Energy (Sheet State Republic Indonesia Year 2007 Number 96, Additional Leaf Republic Of Indonesia Number 4746);
4. Act No. 30 Year 2009 on the Serenagalistrikan (leaf of State of the Republic of Indonesia Year 2009 Number 133, Additional leaf of the Republic of Indonesia States No. 5052);
5. Government Regulation No. 59 of 2007 on the Activities of Geothermal Enterprises (State Sheet of the Republic of Indonesia Year 2007 Number 132, Additional Gazette Republic of Indonesia Number 4777) as amended by Government Regulation Number 70 2010 (sheet State Of The Republic Of Indonesia In 2010 Number 121, Additional Gazette Of The Republic Of Indonesia Number 5163);
6. 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);
7. Presidential Regulation No. 4 of 2010 dated January 8, 2010 on Assignment To PT the State Electric Company (Persero) To Do Accelerate The Construction Of A Power Plant That Uses Renewable Energy, Coal, And Gas as amended by the Presidential Regulation No. 48 of the Year of July 27, 2011;
8. Presidential Decree Number 59 /P Year 2011 dated October 18, 2011;
9. Regulation 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 (National News of the Republic of Indonesia 2010 No. 552);

DECIDED:
Setting: REGULATION OF ENERGY MINISTER AND MINERAL RESOURCES ABOUT THE ASSIGNMENT TO PT STATE ELECTRIC COMPANY (PERSERO) TO CARRY OUT POWER GENERATION PURCHASES FROM GEOTHERMAL POWER PLANTS AND THE PRICE OF PURCHASE BENCHMARK ELECTRIC POWER BY THE STATE POWER PLANT (PERSERO) OF THE GEOTHERMAL POWER PLANT.

Article 1
(1) In order to meet the needs of the national power power, utilization of renewable energy, and the use of eco-friendly energy, the Government commissioned PT Electric Country Company (Persero) to purchase electricity from the Geothermal power plant.
(2) The State Electric Company (Persero) is required to purchase electric power from the geothermal power plant of the state-owned enterprise, local business agency, private enterprise and cooperative entities to strengthen the supply system Local electrical power.
(3) The purchase of electric power as referred to in paragraph (2) is carried out on geothermal power plants within the geothermal mining workspace that are derived from:
a. the geothermal venture permit holder after the publication of this Minister ' s Regulation;
B. the power holder, permit or contract of the geothermal enterprise that existed before the Act No. 27 of the Year 2003 on the Hot Earth that has had the power purchase agreement, which will do the addition of the capacity of the agreed upon power-to-power trade agreement;
c. Licensee's authorized holder, permission or contract of the geothermal enterprise before promulgitation of Law No. 27 of 2003 on the Geothermal Cloud Service, which ends the term of the power purchase agreement and will be extended;
D. the power holder, permit or contract of geothermal enterprise that existed before the Act No. 27 of the Year 2003 on the Hot Earth that has had a power purchase agreement, both of which it has been and that is, not to generate electricity or steam, as long as agreed between the parties in the agreement to conduct changes in the sale of electricity or steam sales; or
e. the geothermal enterprise permit that will perform the power purchase agreement, as long as agreed between the parties in the agreement and made possible by the power purchase agreement (power purchase) The agreement).

Article 2
(1) The purchase price of geothermal power as referred to in Article 1 is the benchmark price of its magnitude adjusted to the electric power purchase location by the State Electricity Company (Persero) with the magnitude of as set forth in the Attachment that is an inseparable part of the Regulation of this Minister.
(2) The purchase price of an electric power as referred to in paragraph (1) is applied to the purchase of electric power on the high voltage side and medium voltage.

Article 3
(1) In order of the assignment as referred to in Article 1, PT Electricity Company State (Persero) is required to purchase electricity derived from geothermal power plants in accordance with the purchase price as intended. in Article 2.
(2) The purchase price of an electric power as referred to in paragraph (1) is used in an electric power purchase agreement (power purchase agreement) of the geothermal power plant without negotiation and is final.
(3) Guna speeding up the process of selling electric power purchases as referred to in verse (2), PT Electric Negara (Persero) is required to make the standard of electricity purchase agreement (power purchase agreement).

Section 4
(1) The State Electric Company (Persero) may make the purchase of an electric power plant from the geothermal power plant at the price of exceeding the price as referred to in Article 2 of the paragraph (1), by negotiating.
(2) The negotiating of the purchase of electric power as referred to in paragraph (1) is based on its Own Estimated Price (HPS) of the State Electricity Company (Persero) and is required to obtain the approval of the Minister of Energy and Mineral Resources and It is then poured into the power purchase agreement (power purchase agreement).

Section 5
(1) In order of the deployment of the electric power purchase as referred to in Article 1 and Section 2, the Minister of Energy and Mineral Resources publishes the Electrical Power Purchase Assignment to the State Electric Company PT. (Persero) with the stews of State Minister of State-owned Enterprises.
(2) The Assignment Letter as referred to in paragraph (1) applies as:
a. approval of direct appointment for the purchase of electric power by PT Corporate Electricity Negara (Persero); and
B. the approval price of the purchase of electric power by PT Corporate Electricity Negara (Persero) and into the purchase price of electric power by PT Companies Electricity Nation (Persero) which is further poured in the power-buying agreement (power Purchase agreement).

Section 6
(1) In order to assignment the purchase of electric power as referred to in Article 1, in the event of failure in exploration activities and feasibility studies, then the risk of being the responsibility of the geothermal enterprise permit holder, holder Power, clearance, or contract of geothermal enterprise.
(2) In the event of a failure in the exploration and feasibility study as referred to in paragraph (1) on the geothermal mining workspace that is not being carried by the holder, the risk becomes a liability. Geothermal developers.
(3) If the event referred to in paragraph (1) failed to be performed by a geothermal enterprise permit holder, authorized holder, permit or contract of geothermal enterprise that causes the geothermal enterprise license or a hot company license. The earth was revoked by the Minister, the governor or regent/mayor according to his authority or the contract of the geothermal enterprise to an end, the power purchase agreement (power purchase agreement) of the geothermal power plant ended.
(4) If the activity as referred to in paragraph (2) fails to be implemented by geothermal developers leading to a contract terminated, a power purchase agreement (power purchase agreement) of the power plant Geothermal power's over.

Section 7
At the time the Minister ' s Ordinance came into effect, the Regulation of the Minister of Energy and Mineral Resources Number 02 of 2011 on Assignment To The State Electricity Company (Persero) To Conduct The Electric Power Purchase Of The Power Plant The Earth's thermal power and supply price for the purchase of Electric Power by the State Electric Power Company (Persero) of the Earth's thermal power plant, revoked and declared to be not applicable.

Section 8
The rules of the Minister are in effect on the date of promulgations.

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 August 16, 2012
MINISTER OF ENERGY AND MINERAL RESOURCES
REPUBLIC OF INDONESIA,

JERO WACIK


It is promulred in Jakarta
on 23 August 2012

MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN

Attachment: bn850-2012lamp