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The New Draft Law for Electricity Market
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Prof. Dr. H. Ercument Erdem
The new draft Electricity Market Law (“Draft Law”) has been pub-
lished on the web-site of Energy Market Regulatory Authority
(“EMRA”). If Draft Law is promulgated and enters into force, the
Electricity Market Law numbered 4628 (“EML”)
1
will be abrogated.
When compared with the EML, the Draft Law envisages some impor-
tant changes and herein this article, these changes will be reviewed.
Activities and Licenses
The electricity market activities which can be conducted under a
license are listed under Article 4 of the Draft Law as generation, trans-
mission, distribution, wholesale, retail sale, market operation, and
export and import activities. Differing from the EML, while the activ-
ities of retail sale service and trade are not mentioned, market opera-
tion activities are introduced as an activity type.
Under the Draft Law, the licenses and the rules to be applied to
them are regulated based on the above indicated classification of the
activities. In other words, the Draft Law is structured upon the types of
activities rather than the types of licenses. Coordinated with the
changes in the activities, there are some significant changes with
respect to the licenses and the license holders.
Preliminary License for Generation Activities:
As per Article 6 of the Draft Law, a preliminary license is required
for commencement of generation activities. It is regulated that for the
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Article of March 2012
1
Official Gazette 3 March 2002, Nr. 24335 Reiterated.