277 ENERGY LAW ering the public service1 nature of providing electrical energy, we can define the license as the procedure as being a public service that is given to private law legal persons with permission granted by the administration. Although the specified activities are performed by private law legal entities having a license, the Energy Market Regulatory Authority (“EMRA”), which has the authority to regulate, supervise and enforce, always has a public legal personality, administrative and financial autonomy, and be on the other side of the electricity service production. The granting of licenses, cancelling of licenses, taking necessary precautions in advance in cases where license revocations are mandatory for distribution regions, preparing, changing, auditing of the regulations to ensure quality, uninterrupted and continuous delivery of the service, determining pricing principles, approving wholesale, transmission, distribution and retail tariffs to ensure quality, taking necessary measures in accordance with EML regarding the nationalization of private enterprises that have the characteristics of a public service in cases where the public interest necessitates and, finally, to make expropriation upon request, are the EMRA’s duties and powers.2 With regard to the EML, the electricity market activities that may be operated under the condition of obtaining a license are defined as production, transmission, distribution, wholesale, retail, market operation, import and export activities. A separate license for each market activity and facility is required. The license types in the electricity market are production license, transmission license, distribution license, supply license, organized industrial zone (“OIZ”) distribution license, OIZ production license, and market operation license. Licenses may be granted for up to 49 years, with a minimum period of 10 years for transmission and distribution licenses. It is mandatory that the legal persons, who are subject to private law provisions, and who will operate in the market, to be incorporated as a joint stock company or a limited company in accordance with the provisions of the relevant legislation, and that the shares of joint stock companies to be registered shares, other than those listed at the 1 Constitutional Court Decision No. E.1994/43, K.1994/42-2, 9.12.1994; Constitutional Court Decision No. E.1994/43, K.1994/42-2, 28.6.1995. 2 Şanlı, Yeliz: “Elektrik Hizmeti Kamu Hizmetidir”, TMMOB Türkiye VII. Enerji Sempozyumu Bildirileri, 2009.
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