315 / 521
Renewable Energy Under the Electricity Market Law
*
Att. Berna Asik Zibel
Under the “Law on Use of Renewable Energy Resources for
Electric Energy Generation”
1
(“Renewable Energy Law”), renewable
energy resources are listed as hydraulic, wind, solar, geothermal, bio-
mass, biogas (including landfill gas), wave, current and tidal energy,
which are non-fossil energy resources.
The new Electricity Market Law
2
, which entered into force on
March 30, 2013 (“EML”) contains some new provisions regarding
renewable energy resources.
In this article, we will review the provisions of the EML specific
to renewable energy resources, including solar and wind energy.
License Terms and Generation Activity based on Renewable
Energy Resources
One of the most important provisions regarding renewable energy
resources under the EML is related to licensing. Pursuant to the gener-
al provisions on licensing, legal entities, which will conduct market
activities, shall obtain separate licenses before starting their operation,
for each activity and for each facility when those activities will be con-
ducted at different facilities. However, the EML sets forth an exception
for generation facilities based on renewable energy resources under
Article 5, paragraph 2(f). According to this provision, generation facil-
ities based on the same type of renewable energy resources, which are
located at the surface of more than one premises, can be considered
under one generation license provided that they are connected to the
*
Article of June 2014
1
Official Gazette 18 May 2005, no. 25819.
2
Official Gazette 30 March 2013, no. 28603.