The Regulation Amending the Electricity Market License Regulation

The Regulation Amending the Electricity Market License Regulation (Regulation) was published in the Official Gazette dated 14.10.2023 and numbered 32339. With the Regulation;

• After obtaining a production license for wind energy-based generation facilities, the right to establish an unlicensed generation facility in the field subject to the production license was granted to those who obtained the right to use the field as well as the owner in unlicensed generation facility applications.
• Certain expropriation and allocation procedures have been removed from the works to be completed by the pre-license holder in order to start the investment of the production facility subject to the pre-license.
• In case the application for pre-license amendment is approved, the period required for the submission to EMRA of the document indicating that an application has been made to the relevant institutions for the decision required to be taken within the scope of the Environmental Impact Assessment Regulation has been increased from one month to 45 days as of the date of notification.
• Within the scope of the amendment procedures in the pre-license, if it is deemed appropriate to amend the unit coordinate and/or power plant site coordinate information registered in the pre-license, the period foreseen for the documents to be submitted to EMRA was increased from one month to 45 days.
• It is regulated that the renewal request for a supply license can be made at the latest 1 month before the expiration of the license.
• In the shareholding structures of legal entities holding market operation licenses, direct share changes representing less than 4% in the shareholding structure must be notified to the Authority via the EMRA Application System within one month from the date of the changes.
• The distribution license holder is obliged to notify EMRA, the market operator and, if the main source is hydraulic, the General Directorate of State Hydraulic Works (DSİ) of the annual production data obtained from the measurement systems of the auxiliary source units in hybrid power plants until the end of January of the following year.  
• In the event that the site where the generation facility will be established is not owned by the legal entity holding the pre-license, the obligation to obtain the ownership or right of use of the site in question has been regulated.
• EMRA suspended the pre-license applications for electricity generation facilities with storage until a new decision to the contrary.