ERDEM-NEWSLETTER-2018-metin

78 NEWSLETTER 2018 On the other hand, the Board has adopted a different approach in two recent investigations concerning the electricity market. In the Enerjisa decision, the correspondence between the Energy Market Regulatory (“EMRA”) and the Authority has been classified as the Authority’s internal correspondence, and it is opened to the party 3 . Unlike the Board decisions explained, above, in the Enerjisa decision, the Board has allowed the evaluating parties to take notes during their file access. On the other hand, similar to the above-mentioned deci- sions, the Board has not permitted the parties to take any electronic versions or photocopies of the documents. The Board has adopted the same approach in the Akdeniz Elektrik decision 4 . Comment We observe that the Board decisions clarify the methods of using the right to access files. In recent investigations, it has been decided that the evaluating parties cannot take any records, including taking notes, during their file access to the documents that are classified as the Authority’s internal correspondence at the Authority’s head office. Surprisingly, more recent electricity investigations showed that while the parties are not permitted to take records of the Authority’s internal correspondence, they are allowed to take notes during their access. The reason of this change can be the Board’s different evaluation based on the solid facts of the recent cases, or the objections of the interested parties in the referred to investigations. In fact, the efficient use of the right to access files has critical importance for the parties. Beyond any doubt, the freedom to take notes during file access will have a positive effect on the investigation party’s rights of defense. 3 The Board decisions, No: 18-06/92-47, 20 February 2018. 4 The Board decisions, No: 17-39/624-271, 28 November 2017.