The Regulation Amending the Electricity Market Consumer Services Regulation was published in Official Gazette number 29477 on 16 September 2015 (“Regulation”). It amends application and termination procedures for electricity retail sales agreements, as well as various contract rights, obligations and procedures, among other changes.
Significant changes introduced by the Regulation include:
- The “Market Management System” is made available to market and system operators, market participants and legal entities which read electrometers. The system enables a compensation mechanism and gives access to reconciliation information.
- Commissioned supply companies cannot request a written notification from new consumers who intend to change their current suppliers, regardless of whether they have fulfilled their obligations towards their current suppliers.
- Electricity Distribution companies can no longer cut off a consumer’s electricity on the basis of a retail sales agreement being terminated during change of supplier.
- The “Request for Termination of Retail Sales Agreement Form” is added as an annex to the Electricity Market Consumer Services Regulation. The form must be used to terminate retail sales agreements, otherwise sanctions under Article 16 of the Electricity Market Law may apply.
- Debts arising from bilateral agreements are no longer a valid reason for cutting off electricity. However, electricity can still be cut off based on debts which arise from retail sale agreements, even if the supplier has changed.
- Previously, consumers were able to request a free, detailed 12 month detailed electricity consumption report from their commissioned supplier company once per year. Such requests should now be made to the electricity distribution company and can be made twice per year. The reports will cover the past 24 months’ electricity consumption in kWh.
- The right of eligible consumers to choose their suppliers can no longer be refused on the basis of improper electrometer usage. Following exercise of this right, the electricity distribution company must change any improper electrometers within the month.
- Records regarding eligible consumers must no longer be kept or published.
- Eligible consumers can change suppliers, even if they have not performed their obligations to their former supplier.
- Before signing an agreement with eligible consumers, suppliers must provide information about consumer rights, commercial options provided under bilateral agreements and possible risks. The consumer should either sign a document acknowledging they have been informed, or the supplier should send the information to the consumer’s registered electronic mail address. Upon request, such documentation will be submitted to the Energy Market Regulatory Authority.
The Regulation enters into force on 16 September 2015. However, Articles 5 and 6, relating to arrears, as well as electricity disconnection and reconnection, enter into force on 1 March 2016.
Please see this link for the full text of the Regulation (only available in Turkish).