It has been arranged that the production facility based on renewable energy sources can be produced electricity by exempting it from the obligation to obtain licenses and establish companies.
At the same time, real and legal persons producing electrical energy from renewable energy sources in accordance with the provisions of the Law no. 5346 on the Use of Renewable Energy Sources for The Production of Electrical Energy; if they give the electricity they produce above their needs to the distribution system, it is arranged that they can benefit from the prices on Ruler I for ten years. In this context, it is mandatory to purchase the electrical energy given to the distribution system by the relevant distribution company that has the retail sales license. It is foreseen that the electrical energy purchased by the relevant companies in accordance with this article will be considered as produced by these distribution companies within the scope of YEKDEM and given to the system.
In line with these regulations, unlicensed production facilities are established by investors and production begins with the signing of the Agreement between the authorized distribution company and the Distribution System Connection Agreement for Unlicensed Electricity Producers.
Sanctions are applied to the relevant facilities due to the fact that the maximum limit prescribed in unlicensed power generation facilities is 1 MW (agreed to be 5 MW by presidential decree) and in case of power over 1 MW from the production facility to the system (in case of power overrun). While these sanctions are taken into account in the provisions of the agreement concluded between the owner company and the distribution company, the Board Decisions of the Energy Market Regulatory Authority are also based on these sanctions.
SANCTIONS
- Fıne
Article 15 of the Agreement on Connection to the Distribution System for Unlicensed Electricity Producers, which was issued by EPDK as its victim and published on the Corporate page, titled “Criminal Conditions”. In the article provision, it is stated that if the power of the connection gives electrical power over the contract power, the distribution company will establish transactions in accordance with the provisions of the relevant legislation and the fine sanction will be applied. In the calculation of this penalty, the user is fined as much as the amount of power overruns realized on the “transmission system system usage price for manufacturers” approved by the Board for the relevant month, taking into account the highest monthly values that the power given to the system in the relevant month in the unlicensed production facility exceeds the bargaining power (power overrun).
- Faılure To Pay The Cost Of Renewable Energy Resources Support Mechanıcs
With the board decision no. 7262-3 dated 24/08/2017 by the Energy Market Regulatory Board, it has issued criminal sanctions that are within the scope of article 5 of the Regulation on Unlicensed Electricity Generation in the Electricity Market and which must be applied in relation to the installed power contained in the Call Letter to the Connection Agreement and the production facilities that have been transferred to the enterprise by completing its provisional acceptance of over 1 MW. These are the ones that are going to
As of 01/08/2017, if it is determined that the system is supplied with more than 1 MW of power, it is accepted that the energy produced for the relevant month is produced by the responsible supply company and given to the system, and that no payments are made by the market operator and the responsible supply company in relation to this energy, and that the energy given to the system in this context is taken into account as a free contribution to YEKDEM, decision has been established.
With this decision, it is stated that if it is determined that the system is powered by more than 1 MW of power, the price of the energy produced for that month will not be paid to the unlicensed producer and will be considered as a free contribution to YEKDEM.
We believe this decision is unlawful. It is also necessary to examine whether the type of sanctions against any payment if the system is powered by unlicensed electricity producers with more than 1 MW of power can be regulated by a regulatory process at the bottom of the Hierarchy of Norms, such as the EPDK Board Decision.
Since the duties and powers of independent administrative authorities such as EPDK are limited to a certain area or sector, and also because their duties and powers are determined concretely in the laws of the establishment, these limits on their duties and powers will also form a kind of framework for the acts to which they can be punished, the type, duration and amount of administrative punishment they can give must be regulated by law.
Section 4 of the Law No. 5326. Within the provision of article;
As which acts constitute a misdemeanor, as clearly defined in the law; The content of the framework provision specified by the law in terms of scope and conditions can also be filled with the general and regulatory actions of the administration. The type, duration and amount of sanctions for misdemeanor can only be determined by law.
arrangement is available. As it can be seen, although the scope and conditions of the framework laws allow the type-included elements of the misdemeanors to be regulated by the general and regulatory processes of the administration, there is no same possibility in terms of administrative sanctions to be applied in exchange for misdemeanors. Because the second paragraph of Article 4 of the Law No. 5326 clearly states that the type, duration and amount of administrative sanctions can only be determined by law, and has not authorized the administration in any way.
In the event that it is determined that the system is powered by more than 1 MW of power overruns, it is clear that there is an administrative sanction regarding the failure to make any payments to the energy produced in the production facility until the work and transactions related to the production facility are completed and a value of 1 MW or less is reached in the Call Letter to the Connection Agreement and that the energy given to the system in this context is considered as a free contribution to YEKDEM.
The board’s decision shows the administrative sanctions to be applied in return for the actual power generation of the system with a power overrun of more than 1 MW, but both in Article 16 of the Law No. 6446 and article 10 of the Law No. 5346, the administrative sanctions against the act in question are regulated, and therefore the regulation of the type of administrative sanctions by the decision of the Board, which is a type of regulatory action, is in accordance with Article 38 of the Constitution. is understood to have been a good one.
On the other hand, the failure to pay the electricity price generated up to 1 MW reflects that the Board’s decision is not a stimulating process for the future unlicensed producer, but rather a punishment that exceeds the administrative measure. Therefore, the evaluation of all energy given to the system as a free contribution to YEKDEM by not making any payments to unlicensed producers also violates the principle of moderation between the verb and the administrative sanction applied. Accordingly, if the system is energized by over 1 MW of power, administrative sanctions contained in Article 16 of the Law No. 6446 should be applied, while there is no legal compliance in the failure to pay the price of the electricity they produce to unlicensed producers by issuing a new type of administrative sanctions on the EPDK side.
With the decision of the EPDK Board, which was established unlawfully, distribution companies do not make YEKDEM payments of the relevant facility if energy is supplied with a power overrun of over 1MW. In addition, fines are issued by distribution companies. These penalties imposed by distribution companies will be evaluated in the second part of our article.
