Newsletter-21

299 ENERGY LAW in the unlicensed electricity generation market are also included in the YEKDEM for a period of 10 years, through their affiliated supply company located within the same region. The facilities engaging in unlicensed electricity generation activities are not required to make any additional applications in order to be included in YEKDEM for the next calendar year. As per Art. 4/II of the YEKDEM Regulation, such facilities are not allowed to leave YEKDEM. YEKDEMApplication and Registration Process In regard to Art. 4/II of the YEKDEM Regulation, YEKDEM is a yearlong mechanism. Thus, as per Art. 6/II of the YEK Law, gen- eration license holders that are willing to benefit from YEKDEM in the next calendar year are obliged to apply to the Electricity Market Regulatory Authority (“EMRA”) no later than October 31 of each year. Such applications shall cover the amount that is subject to the YEKDEM Regulation for hybrid facilities, and shall cover the amount within the scope of generation licenses for other facilities. The applications that are deemed to be full and complete shall be evaluated. As a result of the evaluation, the EMRA shall announce the pre-YEK list on its website, within first ten business days of Novem- ber. Third parties (regarding violations of their personal rights) and license holders (with the intent to correct information or to remove deficiencies) may object to such list. The objections thereof shall be finalized by November 25 by the EMRA. In consequence of these evaluations, no later than November 30 of each year, the EMRA shall announce the final list of facilities that have been qualified to attend the YEKDEM, along with information on their commencement of the date of operation, yearly electric energy generation capacities, and yearly generation programs. Generation periods of the facilities enumerated under the final list, upon which YEKDEM predicates, shall initiate at the first day, and shall end on the last day of each year.