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Regulation Of The Minister Of Energy And Mineral Resources No. 2 In 2011

Original Language Title: Peraturan Menteri Energi Dan Sumber Daya Mineral Nomor 2 Tahun 2011

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STATE NEWS
REPUBLIC OF INDONESIA

No. 73, 2011

REGULATION OF THE MINISTER OF ENERGY AND MINERAL RESOURCES OF THE REPUBLIC OF INDONESIA
Number 02 2011
ABOUT
ASSIGNMENT TO PT STATE POWER COMPANY (PERSERO)
TO UNDERTAKE THE PURCHASE OF ELECTRIC POWER FROM THE GEOTHERMAL POWER PLANT AND THE BENCHMARK PRICE OF THE PURCHASE OF ELECTRIC POWER BY THE COUNTRY ' S ELECTRIC COMPANY PT (PERSERO)
FROM THE GEOTHERMAL POWER PLANT

WITH THE GRACE OF THE ALMIGHTY GOD

MINISTER OF ENERGY AND MINERAL RESOURCES
REPUBLIC OF INDONESIA,


Weighing: that to implement the provisions of Article 19 and Section 20 of the paragraph (1) of the Government Regulation No. 59 of 2007 on the Activities of the Geothermal Enterprises as amended by Government Regulation Number 70 of 2010, Article 32 A paragraph (4) Government Regulation No. 10 of 1989 on the Supplies and the Energy Expediency, as it has been twice amended by the Government Regulation No. 26 of 2006, as well as Article 3 of Presidential Regulation No. 4 of 2010 on Assignment To PT Corporate Electricity Company (Persero) To Do Accelerate The Construction Plant Electric Power, Which Uses Renewable Energy, Coal, And Gas, Needs To Set Up The Regulation Of The Minister Of Energy And Mineral Resources On Assignment To The State Electricity Company (Persero) To Do The Electric Power Purchase From The Earth Thermal Power Plant And Power Supply Purchase Price by PT Corporate Electric Power Company (Persero) of the Geothermal Power Plant of the Earth;
Given: 1. Law No. 19 of 2003 on the State Owned Entity (Indonesian 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. 10 Year 1989 on Supplied and Utilization Of Electric Power (State Sheet Of The Republic Of Indonesia In 1989 Number 24, Additional Gazette Republic Indonesia Number 3394) as has been twice the last modified with Government Regulation No. 26 of 2006 (State Sheet Indonesia Year 2006 Number 56, Additional Gazette Republic of Indonesia Number 4628);
6. Government Regulation No. 45 Year 2005 on Establishment, Governing, Supervision, And Dissolution Of State Owned Enterprise (sheet Of State Of The Republic Of Indonesia In 2005 Number 117, Additional Gazette Of The Republic Of Indonesia Number 4556);
7. Government Regulation Number 59 of 2007 on the Activities of the Geothermal Effort (Sheet Country Indonesia 2007 Number 132, Additional Gazette Republic of Indonesia Number 4777) as amended by Government Regulation No. 70 Years 2010 (sheet Of State Of The Republic Of Indonesia In 2010 Number 121, Additional Sheet Of Republic Of Indonesia Indonesia Number 5163);
8. Presidential Regulation No. 4 of 2010 on January 8, 2010 on Assignment To PT the State Electric Company (Persero) To Do Accelerate The Construction Of A Power Plant Using Renewable Energy, Coal, And Gas;
9. Presidential Decree No. 84 /P 2009 dated 21 October 2009;
10. Energy Minister Regulation and Mineral Resources Number 15 Year 2010 on List of Accelerating Projects of the Construction of Electric Power Plants using Renewable Energy, Coal and Gas as well as Related Transmissions (State News Republic of Indonesia 2010 No. 419);
11. 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: REGULATION OF ENERGY MINISTER AND MINERAL RESOURCES ABOUT THE ASSIGNMENT TO THE PT OF THE STATE ELECTRIC COMPANY (PERSERO) TO CARRY OUT POWER GENERATION PURCHASES FROM GEOTHERMAL POWER PLANTS AND THE BENCHMARK PRICE OF PURCHASING POWER POWER BY PT THE STATE ELECTRIC COMPANY (PERSERO) OF THE GEOTHERMAL POWER PLANT.


Section 1
(1) In order to meet the needs of electricity power within its business area and the use of eco-friendly energy, assigning PT Corporate Electricity Negara (Persero) to purchase electricity from geothermal power plants.
(2) The purchase of electric power as referred to in paragraph (1) is carried out on geothermal power plants within the geothermal mining workspace that are derived from:
a.  winner of the auction of geothermal mining worklands; and
B. The existing geothermal mining workforce has been derived from the administration of geothermal enterprise authorship and authorized by law before the Act of No. 27 of the Year of the Earth's heat.

Section 2
(1) In order of the auction of the geothermal mining work area as referred to in Article 1 of the paragraph (2) the letter a, set the highest benchmark price of 9.70 cents of USD /kWh for the purchase of electric power by PT of the State Electricity Company (Persero).
(2) The highest benchmark price as referred to in paragraph (1) is applied to the purchase of electric power on the high voltage side.
(3) In order of assignment as referred to in Article 1 of the paragraph (1) and paragraph (2) of the letter a, PT of the State Electricity Company (Persero) is required to purchase electricity derived from the geothermal power plant in accordance with the price of electricity The auction of the Earth's Hot Mining Workspace.
(4) The purchase price of an electric power as referred to in paragraph (3) is used in the Jual Agreement Buy Electric Power, is final and without negotiation.
(5) Guna accelerates the process of Jual Agreement Buy Electric Power as referred to in paragraph (4), PT Corporate Electricity (Persero) obliged to make the standard of Jual Agreement Buy Power Power.

Section 3
(1) Towards the auction of the geothermal mining work area which had been implemented before the Order of the Union, then the electricity price of the Earth's geothermal mining work remained in effect and was the price of purchase. electric power by PT Corporate Electricity Nation (Persero) next poured in The Jual Agreement Buy Power Power except for auction results that prices exceed the benchmark price as referred to as Section 2 paragraph (1) is mandatory Negotiate.
(2) The negotiating of the purchase of electric power from a geothermal power plant that exceeds the benchmark price as referred to in paragraph (1) is based on its Own Estimated Price (HPS) of the State Electric Company (Persero) and must obtain The approval of the Minister of Energy and Mineral Resources and subsequently poured in the Treaty of Jual Buy Electric Power.

Section 4
(1) In order of the deployment of the electric power as referred to in Article 1 of the paragraph (1), the Minister of Energy and Mineral Resources publishes the Electrical Power Purchase Assignment to the State Electric Company PT (Persero) with a gust of State Minister of State-owned Enterprises.
(2) The assignment letter as referred to in paragraph (1) applies as:
a. approval of a direct appointment for the purchase of electric power from the auction winner of the Earth Thermal Mining Workspace by PT Corporate Electric Company (Persero); and
B. the electricity purchase price approval of the auction winner of the Earth ' s Thermal Mining Working Area by the State Electricity Company (Persero) and into the purchase price of electric power by the subsequent State Electricity Company PT (Persero) be poured in the Jual Treaty Buy Power Power.

Section 5
(1) The purchase price of an electric power from the holder of the geothermal mining workforce as referred to in Article 1 of the paragraph (2) of the letter b by the State Electricity Company (Persero) is carried out by guideline at the highest benchmark price as referred to in Article 2 of the paragraph (1) and is required to negotiate.
(2) The results of the negotiations as referred to in paragraph (1) must obtain the consent of the Minister in accordance with the provisions of the laws.

Section 6
(1) In order to assignment the purchase of an electric power as referred to in Article 1 of the paragraph (1) in the event of a failure in the exploration and feasibility study, then the risk of being the responsibility of the authorized holder, the holder of the company's heat company earth, or the holder of a geothermal venture permit.
(2) In the event of a failure to the risk of exploration and the study of eligibility as referred to in the verse (1) of the geothermal mining workspace that the geothermal mining authority does not work on, then the risk becomes a liability. Answer the geothermal developers.
(3) If the event referred to in paragraph (1) failed to be exercised by the authority holder, the holder of the geothermal enterprise, or the holder of a geothermal enterprise that causes the permission of the geothermal enterprise and the permission of the geothermal enterprise to be revoked by the law. Minister, Governor or Regent/Mayor in accordance with his authority, then the Jual Agreement Buy Electric Power from the Earth's thermal power plant is automatically terminated.
(4) If the activity referred to in verse (2) fails to be implemented by the geothermal developers that cause the contract to end, then the Jual Purchase of Electric Power from the Earth's thermal power plant is automatically terminated.

Section 7
On the process of purchasing power from geothermal power plants that are underway before it is specified the Minister's Ordinance is considered to have been given the assignment and the sale price for the purchase of electricity must be the Minister's approval.

Section 8
At the time the Ordinance of the Minister came into force, the Regulation of the Minister of Energy and Mineral Resources No. 32 of 2009 on the Price of the Supply of Electric Power Purchase by PT PLN (Persero) of the Geothermal Power Plant of the Earth, revoked and declared does not apply.

Section 9
The Minister ' s rules are beginning to apply at the set date.

In order for everyone to know it, order the invitational of the Minister's Regulation with its placement in the News of the Republic of Indonesia.

Set in Jakarta
on February 16, 2011
MINISTER OF ENERGY AND SOURCE
THE MINERAL RESOURCES OF THE REPUBLIC OF INDONESIA,

DARWIN ZAHEDY SALEH



Promulgated in Jakarta
on February 16, 2011
MINISTER OF LAW AND RIGHTS
HUMAN REPUBLIC OF INDONESIA

PATRIALIST AKBAR