ARTICLE
18 November 2025

Regulatory Briefing: Contracted Capacity, Capacity Exceedance And System Use Charges Under EMRA Decision 13922

K
Kesikli Law Firm

Contributor

Kesikli is an internationally recognized law firm that is regularly rated as one of the leading law firms in Turkey by the independent legal guide Legal500. Kesikli has made a name for itself as an international boutique law firm that exceeds its clients’ various needs with a personalized touch. Kesikli serves a diverse client base, from global corporations to small, entrepreneurial companies and individuals in a range of transactional, litigious, and regulatory matters. Through its involvement as counsel to investors, contractors, project developers, trading companies, and private individuals, Kesikli established a trustworthy reputation as the provider of tailored legal solutions in the areas of Corporate and Commercial Law, Energy Law, Real Estate and Construction Law, Intellectual Property, Employment Law, Litigation, Arbitration and Private Client Solutions on contentious and non-contentious matters.
The Energy Market Regulatory Authority ("EMRA" or the "Authority") published its Board Decision dated 6 November 2025 and numbered 13922 in the Official Gazette...
Turkey Energy and Natural Resources
Zeynep Emiroglu’s articles from Kesikli Law Firm are most popular:
  • with readers working within the Oil & Gas and Utilities industries
Kesikli Law Firm are most popular:
  • within Strategy, Government and Public Sector topic(s)

The Energy Market Regulatory Authority ("EMRA" or the "Authority") published its Board Decision dated 6 November 2025 and numbered 13922 in the Official Gazette No. 33074 on 11 November 2025, thereby putting the Decision into force.

The Decision, issued within the scope of Articles 7 and 14 of the Electricity Market Grid Connection and System Use Regulation, introduces a practical framework for evaluating capacity-increase applications of generation facilities, with particular emphasis on grid security, implementation periods, and the treatment of capacity exceedance.

A summary of the main provisions is outlined below.

Article 1/a – Application Process (Facilities Connected to the Transmission Grid)

Generation facilities connected to the transmission grid shall submit their capacity-increase applications to TEİAŞ. Applications will become valid on the fifth business day following the application date, and any electricity injected into the grid in excess of the facility's contracted injection capacity will be taken into account under the capacity-exceedance assessment. Technical compliance and grid security will form the basis of these evaluations. This procedure will apply between 01/12/2025 and 28/02/2026.

Article 1/b – Application Process (Facilities Connected to the Distribution Grid)

Generation facilities connected to the distribution grid shall submit their capacity-increase applications to the relevant distribution company. Applications will become valid on the tenth business day after submission, and electricity injected into the grid above the contracted injection capacity will be treated as capacity exceedance. Assessments will again prioritize technical suitability and system security. This procedure will apply between 01/12/2025 and 28/02/2026.

Article 1/c – Technical Limitations and Right to Appeal

Where required by technical constraints or grid-security considerations, limitations may be imposed on the requested amount or duration of the capacity increase. In such cases, the relevant legal entity must be notified in writing within five business days. The Decision grants a right to appeal, and the appeal period has been set as thirty days from the date of notification.

Article 1/ç – Requests for Changes in the Amount or Duration of Capacity Increase

Legal entities intending to amend their previously submitted requests must file a new application with TEİAŞ or the relevant distribution company.

Article 1/d – Applications for Amendments

Where facilities request changes to the amount or timing of a capacity-increase application, these requests must again be made to TEİAŞ or the distribution company. Distribution companies are required to notify TEİAŞ of such applications within five business days. This requirement for a second submission may necessitate careful project scheduling and planning on the part of investors.

Article 2 – Limitations Applicable to Operational Facilities

For reasons of grid-operation security, limitations may also be imposed on capacity increases of operational facilities. Written notification must be provided to the relevant legal entity, and the notification period shall not exceed five business days. The appeal period is thirty days from the date of notification.

Article 3 – Calculation of Fixed Charges

The Decision provides that fixed transmission and fixed distribution system-use charges shall be calculated based on the contracted capacity of generation facilities. Since generators will be responsible not only for the electricity they produce but also for a fixed-capacity component, facilities with variable generation profiles—particularly wind and solar—may experience higher costs during low-generation periods. Over the longer term, this approach may lead facilities to adopt operational strategies more closely aligned with their available (operable) capacity.

Articles 4 and 5 – Definition and Application of Capacity Exceedance

The Decision states that when a facility injects electricity into the grid above its contracted injection capacity, such injections will constitute capacity exceedance. These exceedance amounts will also be taken into account in determining the facility's available capacity within the scope of the Decision.

From an investor perspective, the explicit reporting of each exceedance episode suggests that more frequent operational monitoring may become necessary. As capacity exceedance may be treated as part of the facility's available capacity, this may influence future evaluations regarding tariffs, system-use charges and capacity allocation.

Article 6 – Exempt Facilities

The Decision will not apply to unlicensed generation facilities.

Article 7 – Period of Application

The Decision will apply between 01.12.2025 and 28.02.2026.

In Lieu of a Conclusion

Board Decision No. 13922 effectively operationalizes the concepts of contracted capacity and capacity exceedance contained in Articles 7 and 14 of the Electricity Market Grid Connection and System Use Regulation. It may be important for investors to plan application timelines with particular care and closely monitor potential risks relating to capacity increases and exceedance during this transitional period. The Decision may also be viewed as a temporary regulatory step while EMRA observes system-balance conditions ahead of possible permanent regulatory adjustments.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More