Newsletter-21

291 ENERGY LAW Significant Amendments to the Unlicensed Electricity Generation Regulation* Att. Tuna Colgar, Att. Ece Yilmaz Introduction The Electricity Market Regulatory Authority (“EMRA”) amend- ed the Regulation on the Unlicensed Electricity Generation in the Electricity Market (“Regulation”). Within this context, EMRA pre- pared three different exposure drafts amending such Regulation on 15.05.2015, 26.10.2015 and 26.11.2015. Finally, EMRA has finalized its evaluation, and has made the necessary adjustments via the Regula- tion Amending the Regulation on the Unlicensed Electricity Genera- tion in the Electricity Market (“Amending Regulation”). The Amend- ing Regulation entered into force through publication in the Official Gazette dated 23.03.2016 and numbered 29662. The drafts regarding the novelties to be introduced to the Regulation that were publicly disclosed were evaluated in one of our previous Newsletter articles 1 . This article clarifies the significant amendments to the Regulation, set forth by the Amending Regulation. Connection Power Principles As per the Regulation, power generation facilities are obliged to be connected to certain distribution systems. The Amending Regulation introduces new provisions for such connection systems. According to the fifth subparagraph added to Art. 6 of the Regulation, if the Turkish Electricity Transmission Corporation (“TEIAS”) allocates additional capacity to the substations already operating at maximum capacity, or if additional capacity is generated in the newly operating substations, * Article of March 2016 1 Please see our Newsletter Article dated January 2016; http://www.erdem- erdem. av.tr/en/articles/proposed-exposure-draft-to-amend-the-regulation-on-unlicen- sed-electricity-generation/.