NEWSLETTER-2020-metin

440 NEWSLETTER 2020 Amendments Regarding Unlicensed Generation Important changes have been brought regarding the unlicensed electricity generation activities from renewable energy resources that aim to fulfill their own consuming needs. Firstly, it is regulated that if those who perform unlicensed generation activities beyond their own needs give their generated electricity energy to the distribution system, then they will benefit from the prices determined in List numbered I for a period of ten years. Within this scope, the authorized supplier company is mandated to buy the electricity energy that is given to the distribution system. It is also regulated that the purchased electrical energy will be deemed to have been generated by the relevant supplier company within the scope of YEKDEM and given to the system. Moreover, it is regulated that a contribution fee in Turkish Lira will be applied for the generation facilities with a YEK Certificate, using a domestic component that will start operating after 30.06.2021, and for the unlicensed generation facilities to be established to meet the needs of the consumption facility. Unlicensed generation facilities are allowed to switch to licensed generation activities after the end of a period of ten years provided that 15% of the hourly market exchange price formed at the electricity market during the license period will be paid as a contribution fee to YEKDEM. Major Amendments regarding the Electricity Market Law By adding a provision to Law on Electricity Market numbered 6446, (“Electricity Market Law”), it is regulated that the disputes aris- ing from connection and system usage agreements will be resolved in the administrative courts. Moreover, a convenience is provided for the transactions ap- proved by the Board in exchange for capital shares. Thus, for only legal entities having regulated tariffs (EPİAŞ, EÜAŞ, TEİAŞ, legal entities holding a distribution license and authorized supplier compa- nies), transactions that will result in changes in capital shares of 5% in public companies, 10% or more in others, and a change of control, are subject to the permission of the Board.