As of 02.10.2013, everyone will be able to produce
his/her own electrical energy in certain amounts. Due to the
Regulation on Electrical Energy Production without License which
has been entered on 02.10.2013 into force, every residence may
produce a certain amount of its electricity and sell the
With this regulation are the following points intended:
to contribute the small production plants to the countries'
to provide the electrical energy for consumers and
to reduce the loss in electrical energy
According to this regulation, every person or legal entity which
is electricity subscriber may establish electricity manufacturing
plant without license provided that they are subscribers.
Subscribers such as apartment building management which are not
real person or legal entity may also not establish such plants.
This regulation will be of interest especially to the universities,
building complexes and also the big shopping centers.
Application procedure for a connection
Anyone who intends to establish an electricity production plant,
shall apply for a connection and for use of the system with the
Article 7 stated documents to the related network operator. These
documents shall indicate the right of usage of the applicant on the
related real property, the right of usage on renewable energy
resource (landfill gas, solar and wind energy are exempted) and the
technical specifications of the established plant. Applications are
evaluated within the first 20 days of the following month. Upon
request, a production resource document may be issued to the
producers. According to this regulation, the production and
consumption plants may be located in the same places. Thereby the
accrual of additional costs has been prevented and to make the
projects more productive has been provided.
It is also possible to establish a production plant based on
renewable energy resource. Principally, electrical energy shall be
produced for supply own needs of producers. However, it is also
possible to consume the produced electrical energy in other
consumption plant of the same person or legal entity. The related
network operator determines the surplus energy amounts. This
surplus energy is purchased by supplier company for 10 years at the
prices according to the Renewable Energy Resources Support
Mechanism. The produced net energy amount may be sold to the
consumers. Electrical energy which is produced in microcogeneration
plants may not be sold to third persons and surplus energy from
such plants shall not be given to the other plants.
The usage of domestic products is supported by this regulation.
According to the Article 21 of this regulation, the producers may
get a financial support from the supplier companies for the
domestic product usage and the determination of this amount has
been regulated in the same article. However, the term of benefit
from this support is limited to five years as from the date of
temporal acceptance of the production plant.
Technical Liability and Sale and Purchase of Production
According to Article 14 of the regulation, the real person or
legal entity which produce electrical energy is liable for the
establishment and operation of plants and work safety. Accordingly,
this persons shall employ an operation officer. This officer and
the producer are jointly and severally liable for the damages
arising from contradiction to the laws concerning the operation of
Furthermore, the production plants may be assigned to third
persons through sale, transfer or another way provided that their
temporal acceptance has been issued. These plants may not be
transferred without temporal acceptance. The transfer shall be
applied to the related network operator and applications are
evaluated within 30 days.
It is also possible that a licensed production plant transforms
into an unlicensed plant. The terms and principles of such cases
has been regulated by Article 30 of the regulation.
With the new legislation of 02.10.2013 the unlicensed electrical
energy production limit has been increased from 500 kW to 1000 kW
and the application and other procedures have been enabled.
On the one hand, this may be favorable for persons if the
establishment costs are high, on the other hand, the energy
production costs may be amortized in solar energy if the sunshine
duration in Turkey is considered. It will be helpful in the future
especially with regard to minimize the dependence of Turkey on the
electrical energy import. In conclusion, it can be stated that such
advantages in energy production may be very useful especially for
decrease of electricity bills and to provide the independence
regarding energy import of Turkey.
Copyright Herdem & Co. Attorneys at Law
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guide to the subject matter. Specialist advice should be sought
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