The Regulation Amending the Electricity Market Balancing and Settlement Regulation (the “Amending Regulation”) was published in the Official Gazette No. 31199 on 28.07.2020. The Amending Regulation brings new categories of consumers and consumer plants which are regulated to be registered separately under the name of the same legal person in order to provide separate settlement calculations in registering the supply companies in charge under the Electricity Market Balancing and Settlement Regulation which were published on the Official Gazette No. 27200 dated 14.04.2009 (the “Regulation”).

Article 17/2 of the Regulation provides a list of categories of consumers and consumer plants to be registered separately under the name of the same legal person in registering the supply companies in charge. According to the Article 1 of the Amending Regulation, consumers who wish to procure energy from eligible and non-eligible consumers subject to the determined tariffs in order to support renewable energy sources within the scope of the Article 17/4 of the Electricity Market Law No. 6446 will also be categorised separately under the same legal person and their settlement calculations will be made separately.

Energy Market Regulatory Authority (the “EMRA”) is granted with the authority to determine numbers and scope of these categories according to the Article 17/2(d) of the Regulation. In line with its authority, EMRA rendered the Decision No. 9460 on this matter on 23.07.2020 which was published on the Official Gazette dated 28.07.2020. This EMRA decision provides that:

i) Non-eligible consumers, eligible consumers that have not chosen their suppliers yet, eligible consumers that had chosen their suppliers but procures energy from the relevant supply company in charge again subject to the resale or last resource supply tariffs and eligible and non-eligible consumers that are willing to procure energy from eligible and non-eligible consumers subject to the determined tariffs in order to support renewable energy sources within the scope of Article 17/4 of the Law,

ii) Eligible consumers that procure energy from the supply company in charge subject to bilateral agreements,

iii) Unlicensed power plants from which the generated energy is procured subject to the Law No. 5346 Regarding Use of Renewable Energy Sources for Electricity Generation and the consumers plants associated with the abovementioned unlicensed power plants will be registered separately as of 01.08.2020 for the purpose of ensuring separate settlement calculations.

@Kesikli Law Firm