The Regulation Amending the Regulation on License-Exempt Electricity Generation (“Amendment Regulation”), published in Official Gazette dated 1 October 2022 and numbered 31970, introduced provisions especially on establishing generation facilities under the jurisdiction of different distribution and assigned supplier companies as well as the generation facilities within the organized industrial zones (“OIZ”). In this context, in addition to the substantial changes made on 11 August 2022 to the Regulation on License-Exempt Electricity Generation (“Regulation”), the implementation scope of unlicensed energy generation has been facilitated considerably. Our article, published in MA | Gazette dated 30 September 2022 and numbered 120, on the substantial changes made in the Regulation on 11 August 2022 is available at this link.

Notable amendments introduced with the Amendment Regulation are as follows:

  • Generation facilities, to be established within the scope of the 5/1-h provision of the Regulation, for one or more consumption facilities, can also be established within the jurisdiction of different assigned supplier companies. In case the generation and/or consumption facilities are located within the jurisdiction of different distribution or assigned supplier companies, set-off transactions are carried out by the Enerji Piyasaları İşletme Anonim Şirketi (“EPİAŞ”).
  • Production facilities within the OIZ distribution license areas can also be linked with consumption facilities belonging to the same persons outside the OIZ distribution license area.
  • New applications for generation facilities to be established within the jurisdictions of different assigned supplier companies and requests for facilities that are currently operating will be taken into consideration as of 1 January 2023. Set-off transactions of generation facilities operating or that will enter into operation until 1 January 2023 and of the consumption facilities within the jurisdictions of different distribution or assigned supplier companies will be carried out until 1 January 2023 by the assigned supplier company within the related jurisdiction where the generation facility is located.

The full text of the Amendment Regulation is available at this link. (Only available in Turkish)