The Regulation Amending the Regulation on License-Exempt Electricity Generation (“Amendment Regulation”), published in Official Gazette dated 11
August 2022 and numbered 31920, introduced provisions especially on the sale of excess consumption electricity, facilities to be established in organized industrial zones (“OIZ”) and electricity generation by municipalities, their subsidiaries and industrial facilities, agricultural irrigation facilities and other persons (“Plants Within the Scope of 5/1-h”). In this context, an arrangement was made in the implication with the resolution of the Energy Market Regulatory Authority (“EPDK”), dated 4 August 2022 and numbered 11098, published simultaneously in the Official Gazette (“Board Resolution”).
Notable amendments, considering the Board Resolution, introduced with the Amendment Regulation are as follows:
- Within the scope of applications made after 12 May 2019, the amount of generation that can be sold above the needs of the persons who are entitled to receive a call letter for the connection agreement cannot exceed the total electrical energy consumption of the associated consumption facility. The energy supplied to the system above this amount is considered as a free contribution to the Renewable Energy Resources Support Mechanism (YEKDEM). In this context, no system usage fee is paid for the amount accepted as a free contribution.
- In accordance with the Board Resolution, the consumption amount of the consumption facility associated with the license-exempt generation facility will, as a rule, be the total electric energy drawn from the grid in the previous year. However, if the current year’s consumption is higher than the previous year’s consumption, the current year’s data is taken into account. If there is no consumption in the consumption facilities to cover the previous calendar year, the consumption amount is calculated on an annual basis by taking the average of the current monthly consumptions.
- For a consumption facility located within the OIZ distribution license region, a generation facility may also be established outside the OIZ distribution license region, without prejudice to the legislation.
- The obligation for the production and consumption facilities of the Facilities within the Scope of 5/1-h to be in the same distribution region has been abolished. Previously, it was obligatory that the production facilities and consumption facilities of real or legal persons who would establish a generationfacility were within the same distribution region. Therefore, the proximity of production and consumption points does not pose a factor anymore.
- In terms of connection to the transmission system, it is connected to the transmission system depending on the installed power of the Facilities within the Scope of 5/1-h or if the consumption facility is connected to the system from the transmission level in the installations at the same measurement point.
- In terms of connection to the transmission system, it is connected to the transmission system depending on the installed power of the Facilities within the Scope of 5/1-h or if the consumption facility is connected to the system from the transmission level in the installations at the same measurement point.
- The condition of not exceeding the contractual power in the connection agreements for the Facilities within the Scope of 5/1-h has been removed.
- Generation facilities within the scope of the 5/1-c provision of the License-exempt Electricity Generation Regulation are enabled to be transferred to the Facilities within the Scope of 5/1-h.
- In the connection agreement application, it is regulated that the Environmental Impact Assessment application will be made within the first 30 days from the notification of the call letter.
- If it is desired to establish more than one production facility for a consumption facility to be connected to the system from within the boundaries of different distribution regions, it will be mandatory for all production facilities to be located within the boundaries of the same assigned supply company region.
The full text of the Amendment Regulation is available at this link. (Only available in Turkish)
The full text of the Board Resolution is available at this link. (Only available in Turkish)
